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LAWS  AMEiUCAN   DIGEST: 

BEING    A    DIGEST    OF    AMERICAN     CASES    RELATING    TO 
PATEi^TS    FOR   INVENTIONS    AND    COPYRIGHTS, 
FROM    1789   TO    1862. 
Incliulini;  nuiucrous  Maiiur^criiit    Ciisfs,  Decision:*   on    Appeals   from    Coiiimi- 
sioiuTS  of  Patents,  unci  the  Opinions  of  tie     Attorne\B-(teneriil  of  lU« 
UniU'd  SUtos,  under  the  Patent  and  Copyri^Ljht  Laws ;  and  einbraiinx, 
also,  tlie    American   Cases   in   rc-speit  to   Trade-Marks.        Arranged    in 
Chronological    order,  with    the   year    in   which,    and    the    name   of  the 
Judge  b}'  whom,  decided. 

By     STEPHEN     D.     LAW,     Esq., 

Author  of  "  Law's  L'nlti-d  Slates  Courtjt,"  Ac. 
LarK'c  royal  octavo  vol,  V26  pages.      Houiul  In  Law  Sheep.      I'rice  1^7.50. 
ry  Tins  work  has  been  before  the  public  and  the  Courts  since  lSti2,  and  i 
alrealv  reco.;nized  as  a  standard  volume  and  authority.     Tho  number  of  caises 
di  'ested  is  over  Kii^lit   H  :ndred,  of  which  over  Seven'  Hundred  Itavc  reference 
to'*l'atents.     The  volumes  from  which  tlie  cases  digested  have  been  taken  are 
very  numerous,  and  would  cost  many  hundreds  of  dollars.      The  volume  also 
includes  some  Two  Hundred  Muimscript  ca.ses  which  have  uevor  before  been 
published. 

BAKER,  YOORHIS  &  CO.,  Publishers,  66  Nassau  Street, 

New  York. 


COPYKIC;  I  IT 

AM) 

PATENT  LAWS 

/ 

OK  THE  ' 

UNITED  STATES, 
1790    TO    1866. 

WITH 

NOTES  OF  JUDICIAL  DECLSMSTllEilEUiXDErt 

ANU 

rOEMS  AND   INDEXES. 
By  STEPHEN  D.  LAW, 

roUNSKLLOR   AT   LAW, 

AUTUOR     '.F    "law's     UNITED    8TATK8    COURTS,"    "LAW's    AMERICAN     DIGEST     OP     PATENT. 

COPYRIGHT,     AND    TUADR-MAKK    CASKS." 


NEW  YORK : 
I'UIJLISIIED  BY  THE  AUTHOR, 

BAKER,     V  O  O  R  U  I  S    &    C  0  M  P  A  X  Y  . 

No.  66  Nabsau  Street. 
1866. 


tntercil  accorjin:;  to  Art  of  Congress,  in  the  year  1866 

By  STEPHEN  a  LAW, 

in  the  Clerk's  OUlcc  of  the  District  Court  of  the  United  Btiitee  for  the  Eastern  District 

of  New  York. 

T 
L4ll5'c 


c?^ 


PREFACE, 


In  the  United  States,  property  in  Copyright  and 
in   Patents   for  Inventions  is  created  by,  and  held 
solely  under  laws  passed  by  the  General  Government. 
I'revious  to  the  adoption  of  the  Federal  Constitution, 
in    1789,  the   several   States   had  granted   exclusive 
rights  to  authors  and  inventors ;  but  that  instrument 
gave  to  Congress  "  power  to  promote  the  progress  of 
science  and  useful  arts,  by  securing  for  limited  times 
to  autliors  and  inventors  the  exclusive  right  to  their 
respective  writings  and  discoveries;"  and  the  States 
can  now  perform  no  act  in  respect  thereto,  or  none 
not  in  harmony  with,  and  subordinate  to,  the  superior 
power  of  Congress. 

In  1790,  at  the  first  session  of  Congress,  and  among 
its  earliest  acts,  laws  were  passed  ''  to  promote  the 
progress  of  useful  arts,"  and  "for  encouragement  of 
learning,  by  securing  tlie  copies  of  maps,  diarts,  and 


S2: 


4  PREFACE. 

books  to  tliG  authors  and  proprietors  of  such  copies, 
during  the  times  therein  mentioned." 

The  Copyright  act  of  1790  remained  imchanged 
until  1S02,  when  a  supplementary  act  "was  passed, 
extending  also  its  provisions,  in  which  form  it  con- 
tinued in  force  until  1831,  when  it  was  repealed,  and 
a  new  and  more  complete  act  substituted  in  place  of 
it.  The  act  of  1831  is  still  in  force,  and  is  the  basis 
of  the  existing  copyright  system  of  the  country ;  but 
has  been  amended  and  enlarged  by  acts  passed  in 
1834,  18i6,  1856,  1859,  1861,  and  1865. 

The  Patent  act  of  1790  was  superseded  by  an  act 
passed  in  1793,  and  this  latter  act,  amended  and  en- 
larged by  acts  passed  in  1794,  1800,  1819,  and  1832, 
continued  in  force  until  1836,  when  the  entire  legisla- 
tion in  respect  to  patents  for  inyentions  was  revised, 
and  a  new  and  more  carefully  drawn  law  enacted. 
The  act  of  1836  still  remains  in  force,  and  is  the  basis 
of  the  existing  patent  system  of  the  country ;  but  has 
been  enlarged  and  amended  by  acts  passed  in  1837, 
1839,  1842,  1848,  1849,  1851,  1852,  1853,  1855,  1856, 
1859,  1860,  1861,  1862,  1863,  1864,  and  1865. 

The  duration  of  the  term  of  a  copyright  was  fixed, 
by  the  act  of  1790,  at  fourteen  years,  with  a  right  of 
renewal  for  fourteen  years  longer.  By  the  act  of 
1831,  the  first  term  of  a  copyright  was  enlarged  to 
twenty-eight  years,  with  a  riglit  of  renewal,  as  before, 


PREFACE.  6 

for  fourteen  years ;  thus  making  the  whole  term  forty- 
two  years. 

The  duration  of  the  term  of  patents  for  inventions 
was  fixed,  by  the  first  act  of  1790,  at  fourteen  years. 
The  act  of  1836  fixed  the  same  duration,  but  made 
provision  for  an  extension,  under  certain  circum- 
stances, for  seven  years  longer.  By  the  act  of  1861, 
the  term  of  a  patent  was  fixed  at  seventeen  years — 
except  as  to  patents  for  designs,  which  may  be  three 
and  a  half,  or  seven,  or  fourteen  years,  as  desired  ;  and 
the  extension  of  all  patents  granted  subsequent  to  the 
date  of  that  act,  March  2d,  1861,  was  prohibited — ex- 
cept as  to  patents  for  designs,  which  may  be  extended 
for  seven  years. 

Congress,  however,  can  grant  such  exclusive  rights 
for  any  period,  or  extend  existing  terms,  as  it  may  see 
fit ;  and  it  has  frequently  exercised  such  power,  by 
special  acts,  even  after  the  expiration  of  tenns  secured 
under  the  general  law. 

The  laws  of  this  country,  in  respect  to  copyrights, 
except  as  to  the  duration  of  the  term,  and  the  formal- 
ities by  which  secured,  are  substantially  like  those 
of  England  and  other  countries ;  in  respect,  however, 
to  patents  for  inventions,  the  differences  between  our 
laws  and  those  of  other  countries  are  marked  and 
distinct. 

The  great  distinguishing  feature  of  the  patent  sys- 


6  PREFACE. 

tcin  of  this  country  is  tliut  wliieli  requires  all  applica- 
tions for  patents  to  be  subjected  to  a  preliminary 
examination,  as  to  originality  and  novelty  of  inven- 
tion, before  a  patent  can  issue,  and  wliich  forbids  the 
issue  of  a  patent  to  any  one  who  is  not  the  first  aa 
■well  as  an  original  inventor  of  the  thing  sought  to  be 
])atented.  Though  the  practical  operation  of  such  a 
system  is  necessarily  attended  with  ditHculties,  and 
tlie  exercise  of  such  power  of  rejection  may  some- 
times work  injustice  to  tlie  deserving  inventor,  it  can 
scarcely  be  questioned  that  it  is  highly  useful,  aa 
well  to  the  inventor,  in  bringing  to  his  notice  what 
is  already  known  in  the  art  to  which  his  inven- 
tion appertains,  as  to  the  public  in  interposing  a 
salutary  check  to  the  issue  of  trilling  or  worthless 
patents. 

In  England,  and  in  most  other  countries,  pat- 
ents, originally,  were  grants  proceeding  directly  from 
the  sovereign,  and  were  considered  by  the  courts  as 
monopolies,  odious  in  the  eye  of  the  law,  and  to  be 
construed  strictly.  In  this  country,  however,  it  has 
been  uniformly  held  that  the  design  of  our  patent 
laws  was  to  encourage  genius  in  advancing  the  arts, 
by  protecting  its  productions,  and  that  such  laws  were 
to  be  construed  favorably  and  beneficially  for  paten- 
tees ;  and  that  patents  granted  thereunder  were  to  be 
considered  not  as  monopolies,  but  liberally,  and  as 


PREFACE.  7 

highly  beneficial  to  the  community,  as  well  as  rewards 
to  ingenious  men  for  the  advantages  derived  by  the 
public  from  their  exertions. 

The  copyright  and  patent  systems  of  this  country, 
as  established  by  the  legislature,  and  interpreted  by 
the  courts,  may  justly  be  considered  as  liberal  and 
highly  favorable  to  such  interests ;  and  in  no  country, 
probably,  are  the  rights  of  authors  and  inventors  more 
generally  recognized,  or  their  rewards  and  remunera- 
tion more  ample  and  munificent. 

In  this  compilation,  the  several  laws,  as  to  copy- 
right and  patents  for  inventions,  which  are  obsolete, 
are  inserted  in  full,  as  well  as  those  laws  which  are 
now  in  force ;  this  has  been  done  for  convenience  of 
reference  and  comparison,  and  to  help  to  a  more 
perfect  understanding  and  interpretation  of  those  in 
force. 

Notes  of  decisions,  which  have  a  more  particular 
reference  to  the  obsolete  acts,  are  inserted  under  such 
acts;  decisions  of  a  general  nature,  though  made 
under  such  acts,  are  inserted  under  the  acts  now  in 
force.  It  has  not  been  intended,  however,  to  insert 
under  the  several  acts  all  the  decisions  explanatory  of 
them,  but  only  those  of  a  more  general  character ; 
adding  also  suitable  references  to  the  appropriate 
titles  of  the  "  Digest  of  Patent  Cases,"  a  work  pub- 
lished by  the   author   of   the  present   volume,   and 


8  PKEFACE. 

being  a  Digested  Abstract  of  all  the  Cases  relating  to 
Copyright,  Patents  for  Inventions,  and  Trade-marks, 
decided  in  the  American  courts,  from  17S9  to  the 
present  time. 

The  Author. 

New  York,  June,  1866. 


PROVISION 


CONSTITUTION  OF  THE  UNITED  STATES 


AUTHOmZING   THE   GKANT   OP 


EXCLUSIVE  RIGHTS  TO  AUTHORS  AXD  INVENTORS. 


CONSTITUTION  OF  THE  UNITED  STATES. 

ARTICLE  1,  SECTION  8. 

The  Congress  shall  have  power : 

To  promote  the  progress  of  science  and  useful  arts, 
by  securing  for  limited  times,  to  authors  and  inventors, 
the  exclusive  right  to  their  respective  writings  and  dis- 
coveries : 

Also,  to  make  all  laws  which  shall  be  necessary  and 
proper  for  carrying  into  execution  the  foregoing  powers. 

Power  of  Congress,  and  of  the  States  under. 

1.  The  power  of  Cougress,  under  this  article  and  section,  is  limited 
to  authors  and  inventors  onl_y,  and  does  nut  embrace  introducers,  wlio 
are  not  authors  and  inventors.  Livingston  v.  Van  Ingen,  9  Jolms.,  560, 
566,  582.— Yates,  Thoxipson,  and  Kent,  JJ.;  (Ct.  Errors ;)  N.  Y.,  1812. 

2.  But  such  clause  does  not  prevent  the  several  States  from  exercis- 
ing the  power  of  securing  to  introducers  of  useful  inventions  (without 
being  the  autliors  or  inventors)  tlie  exclusive  benefit  of  sucli  inventions 
for  a  limiied  period.     Ihid.,  560,  566,  582. 

1* 


10  CONSTITUTIONAL  PROVISION. 


POWBB  or  00N0RK88,  AKD  OF  TUB  8TATBS  UNDEB. 


3.  Xor  liocs  it  tnko  nw.iy  from  the  Stales  tlic  power  to  etilarpe, 
within  tlieir  jurisdiilion,  tlio  privilojje,  by  extending  the  term  of  the 
patent  or  monopoly,  b«  yond  the  term  allowetl  hy  tlie  acts  of  Conjn'es.H; 
uor  oiH-rale  as  an  exdusion  of  all  Stat©  le^nsLtion  to  aii)  and  protect 
tlie  rifrlits  ol)tiiin<-d  \mder  the  ptneral  government,  if  the  power  is 
exer<'i(<od  in  liarniony  witii,  and  in  siibordinatiou  to,  the  sujierior  power 
of  Ci>n^'rc>-«.     J  hid.,  5t;7,  o>l. 

•1.  llioii(;h  a  State  cannot  take  away  from  an  individual  hie  patent, 
yet  if  an  author  or  inventor,  instead  of  resorlinff  to  tlic  act  of  Congrcee, 
hliouid  aj)ply  to  tlie  le;:islatnre  of  a  State  for  an  excluMive  ripht  to  iiis 
prtKluction.  tlicre  is  noiliiiifr  to  himlcr  a  Stale  granting'  it,  though  the 
oiH-ration  of  the  grant  woui<l  bo  conlincd  to  tiio  limits  of  tlio  ijtatc. 
Jtid..  r.sl. 

J.  The  jiowcr  of  Congios.s  is  only  to  ascertain  and  define  the  righta 
of  property  in  tiic  invention:  it  flxs  not  extend  to  regidating  tlio  use 
of  it.  This  is  excinsively  of  local  cognizance;  such  pro|>orty,  like  every 
other  species,  must  be  used  and  enjoyed  within  eacli  State,  accordipg 
to  the  laws  of  such  State.     Ihd.,  .Osl. 

0.  The  laws  of  any  Slate,  granting  exclusive  riglits  and  privileges  in 
resj)ect  to  patents  and  inventions,  arc  ino|>orative  as  agziinst  the  laws 
of  the  I'niied  States,  witli  whicii  tiiey  mar  come  in  collision.  GtlAxna 
V.  Ogdm,  9  Wheat,  iHtJ.— Maicshalu  Ch.'j. ;   Sup.  Ct.,  1824. 

7.  If  the  aullior's  bcmk  or  jirint  contains  niatlor  injurious  to  the 
public  morals  or  jieace.  or  if  the  inventor's  machine  or  other  produc- 
tion will  iiave  a  pernicious  elVcct  upon  tiie  ptiblic  health  or  .safety,  R 
c<jm|X!tenl  aulliority  remains  witii  tlic  Slates  to  restrain  their  u.se. 
Livingston  v.   Van  Imjen.  9  .Johns.,  58'J. — Kkxt,  .T.  ;   N.  Y  ,  1812. 

8.  Such  spo<ies  of  pro|>erty  is  likewise  sulject  to  Ui.xation,  and  to  the 
payment  of  debt.s,  as  other  pereuual  pro|>orty.     Ibid,  582. 

t>.  The  fact  that  a  parly  lias  a  patent  giving  him  the  exclusive  right 
to  make,  use,  and  sell  a  particular  medicine,  does  not  confer  upon  him 
the  right  to  praeti.xe  as  a  pliysician,  and  use  such  medicine,  jn  any  par- 
ticular State,  except  in  conformity  w  ith  the  laws  of  t-\iv\x  State.  Jordan 
V.  Oierst^ers  of  Poor,  ■{  Ohio.  :<lu. — Lank,  J.;  Ohio,  1831.  Thonqison  \. 
IStaata,  1..  Wend.,  30.').— Xei.sox,  .1.;   N.  Y.,  18:trt, 

lt».  A  p.irty  lias  not  ne<x's.«arily  a  right  to  jiso  an  invention  in  any 
State,  merely  because  he  has  u  patent  for  it.  Vannani  v.  T'aine,  1 
llarringt"n,  f.8. — Koiiissox,  .1.;   Pel.,  I.s33. 

11.  Wli"  re  V.  h;id  invented  a  pl.in  for  constructing  and  drawing  lot- 
teries, and  had  obtained  a  patent  therefor,  but  there  was  a  Slate  law 
jirohibiting  lotteries,  except  untler  cvrtain  eonditions,  which  V.  and  his 
as.sociates  had  nc(t  cc>m|thed  wilh,  Il>ld,  that  V.  was  not  entitled  to  any 
relief,  by  way  of  injunction  or  <»tlierwiKe,  for  any  alleged  use  of  hia 
invention  within  such  Stale.     Ibid,,  CO. 

\'l.  The  |Kjwer  of  Congress,  ox  to  patents,  is  general,  and  it  rests  In 
its  sound  discreion  to  say,  when  and  for  what  length  of  time,  and 
under  \\hat  circumAti.ucuii,  a  patent  lor  an  iuvvntiou  shall  be  granted. 


C!).\STlTrTI()NAF,    riidVISIoX. 


POWER  OF  CONQKESS,   AND  OF  THE  STATES  UNDEB. 


Thore  is  r.o  reatriflion  which  limits  its  power  to  ennct,  to  cases  whore 
the  invention  has  nut  hocn  known  or  used  l>y  the  pulilic.  All  tlint  is 
reciiiind  i>',  that  I  Ik-  p;it(Mili'o  slioiilil  V)e  the  inventor.  JJlanchard  v. 
S]>ra'jtt<\  [i  Suinn..  :>il. — SruuY,  .1.;   Mass.,  1830. 

1.!.  Tiio  power  of  Conpre.ss  to  lejrislato  upon  tlio  suhjcet  of  patcnt.s 
is  plenary;  and  as  there  is  no  restraint  upon  its  exercise,  there  can  bo 
no  lindtaiion  to  ti:e  right  to  modify  at  pleasure  tho  laws  resj.ccting 
patents,  so  that  ihey  do  not  lake  away  tho  rights  of  projKjrty  in  exist- 
ing patenLS.  M:Cl'i7-g  v.  Ktivjakiiid,  1  How.,  20G. — I3aldwi.v,  J.;  Sup. 
Ct.,  i.h;:. 

1 1,  li  ii=  no  obj  ction  to  the  validity  of  the  laws  respecting  patents, 
that  such  laws  arj  rctrospcdivc  in  their  oi)oration.     Jbid.,  liUtJ. 

1;').  ('(I)  gress  may  j'nss  an  act  whidi  shidl  act  retrosi'cctively.  Such 
an  act  is  not  necessarily  uncoustilntional.  Tliough  no  State  can  impair 
the  oliligations  of  a  contract,  tiiis  inhibition  does  not  apply  to  the  gen- 
eral government.  Bloomer  v.  SioUey,  5  McLean,  165. — McLean.  J.; 
Ohio,  18r,0. 

K).  A  rcscrva;i(in  in  favor  of  assignees,  in  an  act  extending  a  patent, 
will  nnt  make  tlie  act  niicoMstiliitional  on  the  ground  that  Congress  can 
only  eoi.fer  privileges  on  inventors.  The  power  to  reserve  rights  and 
jirivilegis  to  a.ssgnccs  is  incidental  to  the  genet al  power  conferred  to 
promcte  the  pro,.;r(SS  of  the  useful  arts.  Blanchard  Gun-Stock  Turnimj 
/a>:  v  Warrier,  1  Blatchf.,  271,  27(;. — Nei.SON,  J.;   Ct.,  184G. 

17.  Congress  hi.s  the  constitutional  right  to  confer  a  new  and  further 
term  on  llie  pat  ntee,  and  that  even  after  the  exjiiration  of  the  first. 
Danchitrd  v.  Huyucs,  G  West.  Law  Jour.,  81!. — "WoouBURY,  J.;  N.  II., 
1848. 

18.  Alleged  fraud  and  misrepresentation,  in  the  passage  of  aif  act  of 
Congress  extending  a  i)aieiit,  will  not  he  presumed;  but  such  an  act 
will  be  regarded  by  the  courts  as  the  law  of  the  land,  tmtil  it  is  re- 
pealed.     Gibson  V.  afford.  I  Ulatchf..  .■):!!. — Nei.son,  .1.;  N.  Y.,  1850. 

10.  Under  the  lifih  ame- dnient  of  the  Constitution,  declaring  that 
no  pir.-ou  .«haJl  be  deprived  of  life,  hljcrty,  or  property,  without  due 
process  of  law.  Congress  would  h;ive  no  right  to  pass  an  act  depriving 
purchasers  of  a  paiented  ariicle  of  the  right  to  use  such  article.  Such 
an  act  would  not  be  rcgarde  I  as  due  process  of  law.  Bloomer  v. 
McQuctcan,  11  How.,  55.!. — Taney,  Cli.  J.;  Sup.  Ct.,  1852. 

20.  Under  tlie  authority  coidcrred  by  section  8th,  article  1st,  of  the 
Constitution,  it  does  not  foliow  that  Congress  may  authorize  an  inventor 
to  recall  rights  which  he  has  granted  to  others,  or  reinvest  him  with 
rights  of  pruperty.  which  he  has  before  conveyed  for  a  valuable  consid- 
eration.    Ibid.,  553. 

21.  Congress  may  renew  a  patent  or  decline  to  do  so.  The  grant  of 
an  exclusive  privilege  to  an  inventor  for  a  limited  time,  does  not  im- 
ply a  binding  and  irrevocable  contract  with  the  people,  that  at  the  expi- 
ration of  the  period  the  invention  shall  become  their  proj)erty.  £vans 
V.  Eatoti,  Pet.  C.  C,  337. — AV ashing lO.v,  J.:  Penn.,  IhlG. 


13  CONSTITUTIONAL  PROVISION. 


POWKH  or  OOKORESS,   AKD  Or  TUX  STATU  UNDXB. 


22.  Congress  has  tho  constitutional  power  to  fn"ant  on  cxtonsion  of 
n  patent  oven  after  it  has  been  onr«  extended  undt-r  section  18  of  tho  act 
rf  1S3G.  Bloomer  v.  Sloli^j,  5  Mclx^an,  lCO-1 02.— McLean,  J. ;  Ohio, 
Iv-.O. 

'.'.!.  The  jwwer  of  Conpross  was  not  exhausted  in  this  respect  by  the 
nM  of  1836.  A  legislative  act  does  not  bind  a  subsequent  legislature. 
Jhi.l,  ir.l. 

■J4.  Coiig-ress  m.iy  exercise  its  constitutional  power,  as  to  granting 
riclits  to  inventors,  either  by  special  acts,  or  br  a  general  system. 
J  bid.,  IGl. 

2i.  A  private  act  of  Congress,  authorizing  tho  issue  of  a  patent  to 
an  inventor,  is  to  bo  considered  ns  engrafted  on  the  general  acts  for  the 
promotion  of  the  useful  arts,  and  such  a  patent  is  issued  in  pursuance 
of  both.  Eiaju  v.  Eaton,  3  Wheat.,  518.— Makshall,  LTi.  J.  ;  Sup. 
Ct.,  1818. 

'2f>.  They  are  all  statutes  in  pari  materia,  and  all  relate  to  the  same 
subject,  and  are  to  bo  construed  together.  Bloomer  r.  JIcQuewan,  14 
How.,  5-19,  551.- Taney,  Ch.  J.;  Sup.  Ct,  1852. 

See  also  Digest  Pat.  Cases,  titles  Congress;  SfAtuTE*  B.  1,  4. 


ACTS  OF   COXGRESS 


a  RMrECT  TO 


COPYRIGHTS 


^■^•x^ 


ACTS    IN    FORCE. 


Act  of  1819,  Chap.  19. 

"    1831,     "  16. 

"     1834,     "  157. 

"     1856,     "  169. 


Act  of  1859,  Chap.     2f 
"     1861,     "         37 

"   1865,    "     iro 


OBSOLETE    ACTS. 


Actof  1790,  Chap.     15. 
"     1802,     "         36. 


Act  of  1846,  Chap.  178. 


ropvnTCTrr  laws. 


ACT    OF     17  00,    Cir  AFTER     15. 
1  Statutes  at  Large,  124. 

[Obsolete:  Repealed  hy  Art  o/ 1831,  §  14.] 

An  Act  for  the  eiicour;iLr«.'nu'iit  of  learnintr,  by  securing 
the  cojiies  ^f  in;i]»s,  charts,  ainl  hooks,  to  the  authors 
and  jtropriftors  of  sucli  copies,  during  tl»e  times  there- 
in mentioned  : 

Seition  1.  7?c  it  eiinrtiul  hy  the  Senate  coirl  Hofise  of 
Jl'lrnseiitativi'K  of  till  Vnibd  Stiitui  if  Amer'wa  in  Con- 
f/r<8s  ai<.-it!nibli(l,  That  from  and  after  tlie  [jnssing  of  this 
act,  the  author  and  auth<»rs  of  any  map,  eliart,  book  or 
books  already  printed  within  tliese  United  States,  beiuLj 
a  citizen  or  citizens  thereof  or  resident  within  the  same, 
his  or  their  executors,  administrators  ot  assigns,  who 
hath  or  have  not  tran-ferred  to  any  other  jierson  tlic 
copyri<;ht  of  such  map,  cliart,  l)ook  or  books,  share  or 
shares  thereof;  and  any  other  j)erst)n  or  persons,  ])ein^  a 
<  iti/.eii  or  eitizeiiH  of  these  United  States,  or  residents 
therein,  liis  or  their  e.\ec»tt<»rs,  a<hninistrators  or  assi<;ns, 
who  hath  or  have  purchased  or  legally  acquired  the  copy- 
iiuht('0  <'f  J»"y  «"ch  map,  chart,  book  or  books,  in  order 
t«<  print,  reprint,  pul)li'h,  or  vend  th>'  same,  shall  have  tlio 
hole  rii;ht  and  libeity  of  printintr,  reprinting',  pulilishin'.r, 
and  vending  sueh    luaj),  t  iiart,  book  or  books,  for  the 


C'Ol'YKirillT   LAWS.  15 


ACT  OF   1790,   cnAP.   15,   §§  1,  2.  OBSOLETE. 


term  of  fourteen  years  from  the  recording  the  title  there- 
of in  the  olerk's  office,  as  is  hereinafter  directed:  Anil 
tliat  the  author  and  authors  of  any  map,  chart,  book  or 
books  already  made  and  eomposeil,  and  not  printed  or 
published,  or  that  shall  hereafter  be  made  and  composed, 
beiiipf  a  citizen  or  citizens  of  these  United  States,  or  resi- 
dent therein,  and  his  or  their  executors,  administrators  or 
assigns,  sliall  have  tlic  sole  right  and  liberty  of  printing, 
reprinting,  publishing  and  vending  such  map,  chart, 
book  or  books,  for  the  like  term  of  fourteen  years  from 
the  time  of  recording  tlie  title  tliereof  in  tlie  clerk's  office 
as  aforesaid.  And  if,  at  the  expiration  of  the  said  term, 
the  author  or  authors,  or  any  of  them,  be  living,  and  a 
citizen  or  citizens  of  these  United  States,  or  resident 
tlierein,  the  same  exclusive  right  shall  be  continued  to 
him  or  thrm,  his  or  their  executors,  administrators  or 
assigns,  for  tin-  further  term  of  fourteen  years:  Provided, 
lie  or  tliey  shall  cause  the  title  thereof  to  be  a  second 
time  recorded  and  published  in  the  same  manner  as  is 
hereinafter  directed,  and  that  within  six  months  before 
tlie  expiration  of  the  first  term  of  fourteen  years  afore- 
said. 

(a)  The  "copvriglit"  rcco;jnizcd  by  tliis  act.  and  wliicli  is  intended 
to  be  protected,  is  prosunicd  to  be  the  riglit  of  property  wliich  an 
author  lias  at  common  lav,  in  his  manufcript.  Sucii  protection  is 
(riven  as  well  to  booi<s  juiblished.  as  to  manuscript  copies.  Wheaton  v. 
Fcters,  8  PtL,  061.— McLean,  J.;  Sup.  Ct.,  183L 

Section  2.  Aftd  be  it  fw-tltcr  enacted.  That  if  any 
other  person  or  persons,  from  and  after  the  recording 
the  title  of  any  map,  chart,  book  or  books,  and  publish- 
ing the  same  as  aforesaid,  and  within  the  times  limited 
and  granted  by  this  act,  shall  j>rint,  n-print.  pidjlish,  or 
import,  or  cause  to  be  printed,  repriiitod,  published,  or 


COrYKIGIlT    LAWS. 


OBSOLETE.  ACT  OV   1700,   OBAP.    15,   §g  2,  3< 


i:iipnrti'd  from  any  foreign  kingdom  or  state,  any  copy 
or  copies  of  such  luaj),  chart,  book  or  books,  without  the 
consent  of  the  author  or  i)ro|»rietor  thereof,  first  had  and 
obiained  in  writing,  signed  in  the  presence  of  two  or 
in  ire  crediljle  witnesses;  or,  knowing  the  same  to  be  so 
j-rinted,  reprinted,  or  imported,  shall  publish,  sell,  or  ex- 
Ii')se  to  sale,  or  cause  to  be  published,  sold,  or  exposed 
to  sale,  any  copy  of  such  map,  chart,  book  or  books, 
without  such  consent  first  liad  and  olitained  in  writing 
a-;  aforesaid,  then  such  ofiender  or  oflen«lers  shall  forfeit 
all  and  every  copy  and  copies  of  such  map,  diart,  book 
()!•  books,  and  all  and  every  sheet  and  sheets,  being  part 
of  I  he  same,  or  either  of  them,  to  the  atilhor  or  proprietor 
of  such  map,  chart,  book  or  books,  who  shall  forthwith 
•  lostroy  the  same:  And  every  such  offeniler  and  offenders 
sliall  also  forfeit  and  pay  the  sum  of  fifty  cents  for  every 
sheet  which  shall  be  found  in  his  or  their  possession, 
either  printed  or  printing,  published,  imported,  or  ex- 
posed to  sale,  contrary  to  the  true  intent  and  meaning  of 
tills  act,  the  one  moiety  thereof  to  the  author  or  j)ropri- 
etor  of  such  map,  chart,  book  or  books,  who  shall  sue  ibr 
the  same,  and  the  other  moiety  thereof'  to  and  ior  the  use 
c»f  the  I'niled  States,  to  be  recovered  ])y  action  of  debt 
in  any  court  of  record  in  the  United  Slates,  wherein  the 
same  is  cognizable.  Provided  alirni/s.  That  sudi  action 
be  commenced  within  one  year  after  the  cause  of  action 
hhall  arise,  and  nut  afterward. 

Si:<TioN  a,  An</  f>c  it  furt!i<r  oinctnl,  That  no  person 
.'■hull  be  fulitled  to  the  benefit  of  this  act,  in  casi'S  where 
any  nuip,  chart,  Itook  or  ln>ok8,  hath  or  have  been  already 
printed  and  published,  unless  hi-  sh  dl  first  deposit,  arnl  in 
all  other  cases,  unless  he  shall  before  publication  deposit 


copy  RIGHT  LAWS.  17 


ACT  OF  1790,   CHAP.    15,   §  3.  '  OBSOLETB. 


a  print  I'd  copy  of  ilic  title  of  siidi  iniiji,  fliart,  liook  or 
hoi'ks,  in  the  t-'eik's  (Wlice  of  llie  district  court  where  the 
author  or  proprietor  shall  residi;  (>f)  :  And  the  clerk  of 
such  court  is  hereby  directed  and  required  to  record  the 
same  forthwith,  in  a  Look  to  be  kept  by  liim  for  that 
])urpose,  in  the  words  following  (giving  a  copy  thereof  to 
the  said  author  or  proprietor,  under  the  seal  of  the  court, 
if  he  shall  require  the  same.)     "District  of  to 

wit:  JJe  it  reinenibcrcd,  Tliat  on  the  day  of 

in  tlie  year  of  the  independence 

of  the  United  States  of  America,  A.  B.,  of  the  said  dis- 
trict, hath  deposited  in  this  office  the  title  of  a  map,  chart, 
book  or  books  (as  the  case  may  be),  the  right  whereof  he 
claims  as  author  or  proprietor  (as  the  case  maybe),  in  the 
words  following,  to  wit:  [here  insert  the  title]  in  con- 
formity to  the  act  of  the  Congress  of  the  United  States, 
intituled,  'An  act  for  the  encouragement  of  learning,  by 
securing  the  copies  of  maps,  charts,  and  books,  to  the 
authors  and  proprietors  of  such  copies,  during  the  times 
therein  mentioned.'  C.  D.,  clerk  of  the  district  of 

."  For  which  the  said  clerk  shall  be  entitled  to 
receive  sixty  cents  from  the  said  author  or  proprietor, 
and  sixty  cents  for  every  copy  under  seal  actually  given 
to  such  author  or  proprietor  as  aforesaid.  And  such 
author  or  proprietor  shall,  within  two  months  from  the 
date  thereof,  cause  a  copy  of  the  said  record  to  be  jnib- 
lishcd  in  one  or  more  of  the  newspapers  printed  in  the 
United  States,  for  the  space  of  four  weeks,  {h) 

(a)  If  the  title  of  an  author  depended  upon  the  act  of  1790,  it  would 
be  complete,  provided  he  had  deposited  a  printed  copy  of  the  title  of 
the  book  in  the  clerk's  otTice,  ag  directed  bv  this  section.  Ewer  v.  Coxt, 
4  Wash.,  490 — Washington-,  J. ;  Pa.,  1824. 

(6)  1.  The  proviuiou  of  tliis  >-ectiou  requiring  the  author  to  publish 


13  coPYniGiiT  r.Awa 


ODSOLRTB.  ACT  OF   1790,   CUAP.    15,   gg  3-6. 


the  titlo  of  liis  book,  in  n  nowspiipcr,  is  nuTcly  dirpotorv,  nnd  consti- 
tutes no  pdrt  (if  tlie  essential  requisites  for  Hoc\iriiig  tho  cojiyriglit. 
yirhoLt  V.  Rugijkf,  3  Diiy,  158. — ('fUiAM  ;  Ct.,  1808. 

2.  Til''  piililii-ation  in  tlio  nowspajx-r  is  intended  ns  lepal  notice  of 
the  rights  secured  to  tiie  author;  but  is  not  necessary  wlicro  actual 
notice  is  b^ou^'ht  homo  to  the  party.     Ihid,  158. 

3.  The  c«)U'lili(jn  upon  wliicli  the  proprietor  is  to  be  entitled  to  the 
benefit  of  the  net  cannot  bo  extended  to  tlie  requisition  contained  in 
the  last  sentence  of  that  section,  to  publi.>»h  a  copy  of  tlie  record  of  tho 
ti.le.  as  jireserilied  therein.  Ewcr  v.  Cuxe,  4  Wash.,  490. — Wasuinq- 
lO.v.  J.;   Ta..  IS-'l. 

4.  Tne  publication  of  a  copy  of  such  notice  is  only  necessary  to 
enablo  hini  to  sue  for  the  fortliturcs  created  by  that  section.  Ibid., 
4j0. 

Section  4.  Ami  he  it  furtlor  cnactal,  Tliat  the  author 
or  proprietor  ot"  any  such  map,  chart,  book  or  books, 
shall,  wiili'm  .si.\  moiitlis  after  the  publiBliinjr  thereof, 
deliver,  or  cause  to  be  delivered  to  the  Secretary  of  State 
a  copy  of  the  same,  to  be  preserved  in  his  otVice, 

1.  Tho  requirement  of  this  section,  ns  to  deliverinp  a  copy  of  tho 
book  to  tho  Secretary  of  State,  is  merely  directory,  and  constitutes  no 
part  of  the  e.^sentiiil  requisites  for  securing  a  copyri(^ht.  The  copy  to 
be  delivered  to  the  .'N.cretary  of  State  appears  to  be  desi^med  for  public 
purposes,  and  has  no  connection  with  the  copyright.  Nichiila  v.  Hug- 
glc«,  3  Pay,  15S.— (.cuiam  ;  Ct.,  IbOS. 

'J.  Under  this  section  a  copy  of  n  book  may  be  deposited  w  ith  the 
Department  of  SUito,  after  the  expiration  of  six  montiis  fn)m  tho  time 
o<"  its  publication  if  not  done  before,  and  will  avail  from  the  time  of  ita 
being  deposited.  DaboWs  Case,  1  Opiu ,  5;!J. — Winr,  Atty.  (.ion.; 
1«'J2. 

3.  Where  a  work  consisted  of  n  nimiber  of  volumes,  the  delivery  to 
the  !*<'cretary  of  .''tnie  of  the  first  volume  of  tho  work  within  six 
months  after  its  p\iblication  and  of  tho  rost  of  tho  volume.",  before  the 
ofiencc  complained  of  in  coutmillod,  or  tho  action  brought,  is  a  suffl- 
cieiit  compliance  witli  tho  law.  Dwvjht  v.  ApyUloits,  1  X.  Y.  Leg. 
Obs.,  19L».— TiioMrso.v,  J.;  N.  Y.,  Ia43. 

Section  5.  Awf  f»  it  fitrtlicr  cnactxl^  Tliat  notliing  in 
this  act  shall  be  construed  to  extend  to  proliiliil  the  iin- 
)>ortation  or  vending,  reprint ini;  or  publishinj.',  within  the 
United  States,  of  any  map,  chart,  book  or  books,  writ- 


COrVKlCllT    LAWS.  19 


ACT  or    1802,    CHAP.    36.  OBSOLETE. 

ten,  printed,  or  jjiiblished  by  any  person  not  a  citizen  of 
the  Ignited  States,  in  fon-ign  parts  or  jilaces  witlmul  tlic 
jurisilietion  of  the  United  States. 

SiiiTiox  0.  And  he  it  further  enacted,  Thnt  .■my  iicr>on 
or  jiersons  who  shall  print  or  publish  any  m:inuscript, 
without  the  eoiiseiit  and  approbation  of  the  author  or 
proprietor  thereof,  first  had  and  obtained  as  aforesaid  (if 
such  atuhor  or  pr()])rietor  be  a  citizen  of,  or  resident  of 
these  United  Slates),  shall  be  liable  to  suffer  and  pay  to 
the  said  author  or  proprietor  all  damages  occasioned  by 
such  injury,  to  be  recovered  by  a  special  action  on  the 
case  founded  upon  this  act,  in  any  court  having  cogni- 
zance thiTcof. 

Section  7.  And  he  it  further  enacted.  That  if  any  per- 
son or  persons  shall  be  sued  or  prosecuted  for  any  mat- 
ter, act,  or  thing  done  under  or  by  virtue  of  this  act,  he 
or  they  may  plead  the  general  issue,  and  give  the  special 
matter  in  evidence. 

Approved  May  31st,  1790. 

ACT    OF     1802,    CHAPTER    36. 
2  Stati-tes  at  Large,  171. 

[Obsolete  :  Repealed  by  Act  o/1831,  §  14.] 

An  Act  supplementary  to  an  act,  intituled  "  An  act  for 
the  encouragement  of  learning,  by  securing  the  copies 
of  maps,  charts,  and  books,  to  the  authors  and  pro- 
prietors of  such  co])ies,  during  the  time  therein  men- 
tioned,'' and  extending  the  benefits  thereof  to  the  arts 
of  designing,  engraving,  and  etching  historical  and 
other  prints. 


20  COI'YUICIIT   LAWS. 


OBSOLETE.  ACT  OF  1802,  CRAP.   36,   g  1. 

Section  1.  Be  it  euartcd  bij  the  Senate  ami  Home  of 
Bepresmtatires  of  the  United  S(((tr.'i  (f  Anirn'ca  in  Con- 
gress ajisrniMidy  That  every  person  who  sh.nll,  from  and 
after  the  first  ilay  of  Januriry  next,  chiim  to  bt-  the  author 
or  pr(^prietor  of  any  maps,  cliarts,  book  or  books,  :ind 
shall  thereafter  seek  to  obtain  a  copyright  of  the  same 
agreeable  to  the  rules  prcscribetl  by  l.nv,  before  he  shall 
be  entitled  to  the  benefit  of  the  act,  intituled  "An  act 
for  the  encouragement  of  learning,  by  securing  the  copies 
of  maps,  charts,  and  books,  to  the  authors  and  proprie- 
tors of  sufh  cojiies,  during  tlie  time  therein  mentioned," 
he  shall,  in  addition  (</)  to  tlie  recjuisites  enjoined  in  the 
third  an-1  luurih  sections  of  said  act,  if  a  book  or  books, 
give  information  by  causing  the  copy  of  the  record, 
which,  by  said  act,  he  is  requiretl  to  publish  in  one  or 
more  of  the  newspapers,  to  be  inserted  at  full  length  in- 
the  title  ])age,  or  in  the  page  immediately  following  the 
title  of  every  such  book  or  biX)ks;  and  if  a  map  or  chart 
Bhall  cause  the  following  words  to  be  impressed  on  tho 
face  thereof,  viz.  :  "  /'J/itered  according  to  act  of  Con- 
gress, the  dug  (f  18  [here  insert  the  date 
when  the  same  was  deposited  in  the  office]  hg  A.  B.  <f 
the  State  of  [here  insert  the  author's  or  ]>roprietor's 
name  and  the  State  in  which  he  resides]. 

(n)  1.  By  tliis  soclion  no  porson  cnn  bo  entitlod  to  the  bonoflt  of  Iho 
act  of  1790,  iinlo!;.<)  ho  nhall,  in  atHition  to  tlio  roquisitos  cnjoino<i  in 
Roctionn  3  and  4  of  that  act,  cnuso  n  ropy  of  tlio  rowrcl,  required  by 
that  net  to  1)0  pubhuhcd,  to  \xi  in.sortcd  at  full  lonjrth  in  tho  title-page, 
or  on  the  page  inunediaU'ly  fullowinR  tho  tilU*  of  tlio  l)ook.  E'ler  v. 
Coxf,  A  Waflh,  400.— WAHlMSfiTOX,  J.;   I'a.,  IH'.»4. 

2.  Tho  jKTMon,  tliorcforc,  claiming  a  copyright,  b.r..ro  he  cnn  be  en- 
titled to  thu  l)cncnt«  of  ilio  act  «>f  179<»,  must  iMrfTin  tlio  roqiii.sites 
required  by  tliia  net,  in  aiiiiitinn  to  Ihoso  proncribcd  in  M>ctions  3  and  4 
of  the  act  of  1700,  and  nunt  iwrform  tho  whole.  Ti>o  act  JviiniUs  of  no 
otbor  cooalructiuD.     Ibid.,  491. 


COPYRIGHT   LAWS.  21 

ACT  OP    1802,   CUAP.   3G,    §g  1,  2.  OBSOLETJ5. 

3.  Tho  mconin(7  of  the  net  is  ns  if  it  read,  "  tlie  proprietor,  before  ho 
sli:ill  bo  ontitled  lo  t!ie  benelit  of  tho  act  of  1700.  sliall  cause  a  copy  of 
the  rewird  of  llie  title  to  1)0  publisiicd,  and  shall  deliver  a  cojiy  of  tho 
book  to  the  Secretary  of  Slate,  as  directed  by  the  third  and  fourlli  sec- 
tions of  that  act ;  and  sliall  also  cause  a  copy  of  tho  xaid  record  to  'jo 
inserted  at  full  len^rih  in  tlrc  litle-i)apo,"  &c.     Hid.,  491. 

4.  The  act  of  l^ii'J  re<iuirc8  the  ro<iuisite.s  enjoined  in  sections  3  and 
4  of  tho  act  of  1790,  as  to  notice  and  the  deposit  of  tho  bouk  in  the 
State  Department,  to  bo  performed  "  in  addition  "  to  the  one  required 
by  this  act  of  lsO'2,  before  an  author  "  shall  be  entitled  to  the  benefit 
of  the  (irst  act."  Whealon  v.  I'cters,  8  Pet.,  GG5. — McLeax,  J. ;  Sup.  Ct., 
1834. 

Section  2.  And  be  it  further  enacted^  That  from  and 
after  the  first  day  of  Jan  nary,  next,  every  person,  being 
a  citizen  of  the  United  States  or  resiJent  witiiin  the  same, 
who  sliall  invent  and  design,  engrave,  etch  or  work,  or 
from  his  own  works  and  inventions,  shall  cause  to  be 
designed  and  engraved,  etched  or  worke<l,  any  historical 
or  other  ])rint  or  prints,  sliall  have  the  sole  right  and 
liberty  of  printing,  rei)riiiting,  )>ublisliiiig,  and  vending 
but'Ii  print  or  prints,  for  the  term  of  fourteen  years  from 
the  recording  the  title  tiieieof  in  the  clerk's  office,  as 
prescribed  by  law  for  maps,  charts,  book  or  books :  Pro- 
vided, he  shall  perform  all  tlie  requisites,  in  relation  to 
such  ])nut  or  prints,  as  are  directed  in  relation  to  maps, 
charts,  book  or  books,  in  the  third  and  fourth  sections  of 
the  act  to  which  this  is  a  supplement,  and  shall  moreover 
cause  the  same  entry  to  be  »luly  engraved  on  stich  plate, 
with  the  name  of  the  proprietor,  and  printed  on  every 
such  print  or  prints  as  is  hereinbefore  required  to  be 
made  on  maps  or  charts. 

1.  The  person  who,  under  this  section,  is  intended  and  described  as 
the  proprietor  of  a  copyright  in  a  print,  is  one  who  shall  not  only  in- 
vent and  desipu,  but  who  shall  also  eujjrave.  etch,  or  work  the  print 
to  which  the  right  is  claimed;  or,  who,  from  ^/w  oicn  works  and  inrm- 
tions.  shall  cause  the  print  to  bo  desiirncd  and  engraved,  etched,  or 
worked.   Binns  v.  Woodruff,  4.  Wash.,  51. — Wasiiino rox,  J.;  Ta.,  IS.'l. 


22  COPYRIGHT    LAWS. 


ODSOLETi-:.  Acr  OF  1802,  caxp.  30,  §§  2,3. 


2.  In  tho  fintt  case,  the  inventor  and  dcniomer  is  identified  with  the 
enirrnvcr,  or.  in  other  words,  the  entire  work,  or  suhject  of  the  copy- 
right, is  executed  hy  the  s.-inic  pt.'rson.  In  tiic  lattfr,  the  invontiuu  is 
ilesigneil  or  embodicil  by  tiic  person  in  wliom  tho  rij.rht  is  vested, 
and  tile  form  und  completion  of  the  work  arc  executed  by  anoilier. 
IbidL,  r.l. 

3.  Hut  in  neither  case  can  a  person  claim  a  copyright  for  a  niero  in- 
vention, tho  work  of  his  imagination  locked  up  in  his  own  mii.d.  or 
existing  in  a  form  not  visible  to  otliers.  Neither  is  lie  so  entitled,  \m- 
less  he  has  not  only  invented,  but  also  designed  or  represented  tho 
subject  in  some  visiMc  form.     Ibid,  51. 

4.  Where  nuilhor  the  disign  nor  tiie  general  arrangement  of  a  prin', 
nor  the  parts  which  coni|i<iScd  it.  was  the  invention  of  tho  plaintiff, 
but  lie  haii  cniplnycd  and  ]);iid  tlic  artists  wlio  had  composed  and  exe- 
cuted it,  /AW,  that  uihUt  lliis  section  he  was  nut  enlilk-.I  to  u  copy- 
right.    Ibid..  53. 

Section  3.  And  he  it  j'taf/nr  cnavfi'I,  That  if  any 
print.scllrr  or  otluT  prr.soii  wliatsoevi-r,  t'roux  ami  alK-r 
the  said  lirst  day  of  January  luxt,  witliiii  tliv  time  lim- 
ited by  this  act,  shall  eugfave,  etch  or  work,  as  aforesaitl, 
or  in  any  other  manner  eo|»y  or  sell,  or  eaiise  to  be  on- 
Uravi'd,  itched,  eojticd  or  sold,  in  tlie  whole  or  in  jart, 
by  var\ini,',  atidiii<^  to,  or  diminishini;  from  the  m.iin 
debii;n,  or  sliall  print,  reprint,  or  import  for  sale,  or  cause 
to  be  j>rinted,  reprint (•(],  nr  imported  for  sale,  any  siieh 
print  or  pinnts,  i»r  any  parts  thereof,  without  the  consent 
of  the  proj)ri(.*tor  or  proprietors  there<»f,  first  had  and 
obtained,  in  writin;;,  hij^netl  by  him  or  them  respectively, 
in  the  presence  of  two  or  more  cretlible  witnesses;  or 
knowing  tlie  same  to  be  so  printed  <»r  reprinted,  withotit 
the  consent  of  the  proprietor  or  jiroprietors,  shall  publish, 
Hell,  or  exp<.>8e  to  sale  or  ollu-rwise,  or  in  any  other  man- 
ner dispose  of  any  stieli  print  or  j>rints,  without  htich 
consent  first  had  and  obtained,  as  aforesaid,  then  such 
oir-iider  or  ofll-ailcrs  slcill  forfeit  tho  plate  or  plates  on 
which  such  print  or  prints  are  or  shall  bo  cojiiod,  and  all 


COPYRIGHT   LAVV8.  23 


ACT  OF  1802,   CHAP.   3G,   g§  3,  4. 


and  every  sheet  or  sheets  (heiiiLC  part  of  or  whereon  such 
print  or  prints  are  or  shall  he  eopied  or  printed)  In  the 
])ro|)rietor  or  ])roprictors  of  such  orifj^inal  print  or  prints, 
who  sliall  fortliwith  destroy  the  same;  an<l  further,  that 
every  such  oif.-nder  or  ofleiiders  shall  forfeit  one  dollar 
for  every  print  which  shall  be  found  in  his,  her,  or  their 
custody  ;  either  ])rintcd,  puldished,  or  exposed  to  sale,  or 
otherwis'^  disposed  of,  contrary  to  the  true  intent  and 
meaning  of  this  act,  the  one  moiety  thereof  to  any  person 
who  shall  sue  for  the  same,  and  the  other  moiety  thereof 
t(j  and  for  the  use  of  the  United  States,  to  be  recovered 
in  any  court  having  competent  jurisdiction  thereof. 

Sjcitiox  4.  J /id  be  it  fxrtlicr  cnaotcd,  That  if  any  per- 
son or  persons,  from  and  after  the  passing  of  this  act,  shall 
))rint  or  publish  any  map,  chart,  book  or  books,  print  or 
prints,  who  have  nr)t  legally  acquired  the  copyright  of 
such  map,  chart,  book  or  books,  print  or  prints,  and  shall, 
contrary  to  the  true  intent  and  meaning  of  this  act,  insert 
therein  or  impress  thereon  that  the  same  has  bei-n  en- 
tci'ed  according  to  act  of  Congress,  or  words  purporting 
the  same,  or  purporting  that  the  copyright  thereof  has 
been  acquired;  every  person  so  offending  shall  forfeit 
and  pay  the  sum  of  one  hundred  dollars,  one  moiety 
thereof  to  the  person  who  shall  sue  for  the  sarae,  and  the 
other  moiety  thereof  to  and  for  the  use  of  the  United 
States,  to  be  recovered  by  action  of  debt  in  any  court  of 
record  in  the  United  States,  liaving  cognizance  thereof. 
Provided  altrai/s,  that  in  every  case  for  forfeitures  here- 
inbefore given,  the  action  be  commenced  within  two 
years  from  the  time  tlie  cause  of  action  may  have  arisen. 

Approved  April  29th,  1802. 


21  COPYRRiFIT    LAWS. 

IS    tXJKOK.  ACT   OP    1819,    CllAP.    10. 

ACT     OF     1810,    C II  APT  Eli    19. 
3  Statitks  at  Large,  481 

[  Thiji  Act  Htill  in  Force.] 

An  act  to  extend  the  jurisdiction  of  the  Circuit  Courts 
of  the  I'liiled  States  to  cases  arising  under  the  hiw 
relaliug  to  paleuts  [and  copyrights]. 

He  it  enarted^  hi/  the  Senate  and  House  of  Jifpresent- 
ativcs  of  the  United  States  of  America,  in  Congress 
asscnihltd.  That  tlie  Circuit  Courts  of  the  United  States 
sliall  have  oriiLcinal  cognizance,  as  well  in  equity  as  at 
law,  of  all  actions,  suits,  controversies,  and  cases,  arising 
under  any  law  of  the  United  States,  gianting  or  contirni- 
ing  to  authors  or  inventors  the  exclusive  right  to  their 
respective  writings,  inventions,  ami  discoveries;  and 
upon  any  bill  in  e<piity,  tiled  hy  any  party  aggrieved 
in  anv  si:ch  ca<es,  shall  li:i\e  atitliority  to  grant  iiijuuc- 
tions,  accorditig  to  the  course  and  principles  of  courts  of 
equity,  to  prevent  the  vi"l:ition  ol'  the  rights  of  any 
authors  or  inventors,  secured  to  them  by  any  laws  of  the 
United  States,  on  such  terms  and  con<litions  as  the  said 
courts  may  deem  fit  and  reasonable  (") ;  I'rm'idedy  hmr- 
et'er.  That  from  all  jmlgnients  and  decrees  of  any  Circuit 
Courts,  rendered  in  the  premises,  a  writ  of  error  or 
appi'.il,  as  the  e.ise  may  require,  shall  lie  to  the  Suj)remo 
Court  of  the  United  States,  in  tlie  same  manner,  and 
un<lfr  the  sanio  circumstances,  as  is  now  jirovided  by 
law  in  other  judgments  and  decrees  of  such  Circuit 
C  jurts.  (/>) 

(a)  1.  Tl»o  act  ci  1313,  »o  far  as  it  gnvc  cognizance  lo  ih;  courts  of 


COPYRIGHT   LAWS.  20 

ACT  OP   1819,   CHAP.    19.  IN   FOECK, 

the  United  States  in  caPOS  of  copyrights,  Btill  remains  in  foree,  and  is 
the  ouiy  law  conferring  equitable  jiirindiction  on  tlieso  courts  in  Fuch 
Ciipcs;  tlie  nintli  section  of  the  net  of  18;!1  protects  nianuscrii)t3  only. 
Stephens  V.  Gladding,  17  How..  455.— Ciiins,  J.;  Sup.  Ct..  1854. 

2.  The  equity  jurisdiction  of  such  courts,  as  to  copjTight.'',  does  not, 
extend  to  the  adjudication  of  forfeitures:  a  decree,  tlierefore,  canuo» 
he  entered  for  the  jicnaltics  incurred  for  a  violation  of  a  copyright. 
Jbid.,  455. 

3.  Under  the  acts  of  1700  nnd  1819,  as  to  patents  and  copyrights, 
the  owners  of  copyrights  and  patents  do  not  have  redress  or  relief  ir- 
nu3'  cases  where  they  could  not  before  have  had  relief  in  some  court, 
either  of  equity  or  law.  Pierpont  v.  Fotule,  2  Wood.  &  Min.,  27. — 
WooDBURT,  J.;  Mass,  1840. 

4.  Th.eso  acta  merely  enable  them  to  prosecute  such  claims  in  tho 
Circuit  Court  of  the  United  States,  as  they  usually  had  done  before, 
but  without  going  to  the  State  tribunals;  the  jiublic  interest  required 
a  iiniff)rni  construction  to  be  placed  by  one  tribunal  on  all  important 
questions  connected  with  rights  so  held.     Jbid.,  27. 

5.  The  jurisdiction  of  tlie  Federal  court.",  under  the  acts  of  Congress 
respecting  copyriglits,  has  not  taken  away  or  diminislied  the  original 
jurisdiction,  which,  before  such  acts,  tho  State  court.s  exercised — ex- 
cept where  the  jurisdiction  was  made  exclusive  in  express  terms,  or  by 
the  necessary  construction  of  the  Federal  Constitution.  Woolsey  v. 
Judd,  4  Duer,  :{.S2.— I'ueu,  J.;  N.  Y.,  ISSS. 

6.  Under  the  act  of  Congress,  giving  to  the  Circuit  Courts  cognizance 
of  cases  arising  under  the  laws  of  the  United  State.s,  granting  to  au- 
thors the  exclusive  right  to  their  writings,  the  citizenship  of  the  parties 
litigant  is  immaterial.  Keew.  v.  WheaUey,  9  Amer.  Law  Reg.,  44,  45. — 
Cadwam-adeu,  J.;  Pa.,  1860. 

7.  The  act  of  1819  concerns  remedies,  and  not  rights.     Fbid.,  4.5. 

8.  AVhi  re  a  wrong  lias  been  conmiittcd  in  respect  to  a  literary  work, 
but  tho  bill  does  not  ask  for  an  injunction  to  protect  the  common  law 
rights  of  tlie  author,  or  the  violation  of  any  copyright  secured,  but  only 
asks  an  account,  redress  cannot  bo  sought  in  a  court  of  equity,  but  tho 
party  must  proceed  at  law  for  damages.  Monk  v.  Harper,  3  Edw.  Ch., 
110,  111.— McCoCN-,  V.  Chan. ;  N.  Y.,  1837. 

See  also  Digest  Pat.  Cases,  titles  Acrio.vs.  A ;  Eqnn',  .A. 

(6)  A  writ  of  error,  or  appeal,  as  tho  case  may  require,  now  lies  to 
the  Supremo  Court,  from  all  judgments  or  decrees  of  any  Circuit  Court, 
rendered  in  any  action,  at  law  or  in  equity,  arising  under  any  of  tho 
laws  as  to  copyrights.     Act  of  1861,  chap.  37. 
2 


26  COrYKIGHT   LAWS. 

L\   rORCK.  ACT  or   1831,   CHAP.    16,   g  1. 


ACT    OF     18;u,    ClIAl'TEU    10. 

4  SxATrTKS  AT  Large,  430. 

[This  Act  still  in  Force.] 

An  Act  to  amend  the  several  acts  respecting  copyrights. 

Sectiox  1.  Jie  if  enacted  by  the  Senate  a^d  Jloxise  of 
Jtepresentativrs  of  the  United  Statt's  of  America  in  Con- 
gress assemhled.  That  from  and  alter  the  passing  of  this 
act,  any  person  or  persons,  being  a  citizen  or  citizens  of 
the  United  States,  or  resident  therein,  who  shall  be  the 
author  or  authors  of  any  book  or  books,  map,  chart,  or 
musical  composition,  ■which  may  be  now  made  or  com- 
posed, and  not  printed  and  published,  or  shall  hereafter 
be  made  or  composed,  or  who  shall  invent,  de!*ign,  etch, 
engrave,  work,  or  cause  to  be  engraved,  etched,  or  worked 
from  his  own  design,  any  print  or  engraving,  and  the 
executors,  administrators,  or  legal  assigns  of  such  person 
or  persons  (<7),  shall  have  the  solo  right  an<l  liberty  of 
printing,  rej)rinting,  publishing,  and  vending  (A)  such 
book  or  books,  map,  chart,  musical  composition,  print, 
cut,  or  engraving,  in  whole  or  in  j)art,  for  the  term  of 
twenty-eight  years  from  the  time  of  recording  the  title 
thereof,  in  the  manner  hereinafter  directed,  (c) 

(a)  Who  MIT  HAVE,  axd  What  Siiukct  or  PorTRioirr. 

1.  Undor  ihin  not  a  porBon,  to  b«  a  "  rcsidonl "  no  na  to  be  entitled 
to  a  oopyrii^ht,  must  Im-  n  [><<rtnanciit  rcsiJcnt  of  tlio  country.  A  j)or- 
Bon  tJ-mpornnly  ruHidiii^  lierc,  i-ron  tliou;?h  lio  has  <ieolnrod  his  inten- 
tion of  bcTominj?  a  citiwn,  cntinol  tnko  or  hold  a  opvright.  Carey  v. 
CMicr,  OC  NiI.'k'h  Iloj? ,  2t'.'J.— Uetts,  J.  ;   N.  Y.,  18.(9. 

2.  Tho  legnl  anMignco  of  tho  author  mny  tnko  out  the  copyright,  and 
it  will  make  no  difTcreooo  wholltor  ho  bolda  it  as  trustoo  for  iho  boneflt 


COPYRIGHT   LAWS.  27 

ACT  OP   1831,   CnAP.    IG,    §  1.  m   FORCE. 

of  another  or  not    Little  v.  Gould,  2  Blatchf.,  3C6.— Nelson,  J. ;  N.  Y., 
1852. 

3.  Under  this  act  no  person  rrn  obtain  a  copyright  except  authors 
who  are  citizens  or  resificnts  of  the  United  .'>tatpa,  and  proprietors  un- 
der derivations  of  title  from  such  authors.  Kccne  v.  WheatUij,  9  Amcr. 
Law  Keg.,  45. — Oadwau.adkii,  J.;  Pa,  18G0. 

4.  The  assignee  of  a  work  composed  by  a  non-resident  alien  cannot 
obtain  a  copyright  for  it.     Ibid,  45. 

5.  To  coiiPtitute  one  an  autlior,  ho  mu.st,  by  liis  own  intellectual 
labor  applied  to  the  materials  of  his  composition,  produce  an  arrange- 
ment or  compilation  new  in  itself.  Atwill  v.  Ferrett,  2  Blatchf,  46. — 
Betts,  J.;  X.  Y.,  1846. 

G.  One  who  gets  others  to  compile  a  work  or  engrave  a  print  is  not 
entitled  to  a  copyright.  Fierponf  v.  Fmck,  2  Wood,  .fc  .Min.,  4ti. — Wood- 
bury, J. ;  Mass.",  1S4G.  Atwill  V.  Ferrett.  2  Blatchf.,  40.— Betts,  J.; 
N.  Y.,  184G.    BfWitt  V.  Brooks,  MS.— Nei^on,  J. ;  N.  Y.,  1S61. 

7.  A  book,  witliin  the  statute,  need  not  l)e  a  volume  made  up  of 
many  sheets  bound  together;  it  may  be  a  single  sheet,  as  the  word.-j 
of  a  song,  or  tho  music  accompanying  it.  Clayton  v.  Stone,  2  Paine, 
383,  391  — Tjiomi'SOX,  .T.  ;   N.  Y.,  1S28. 

8.  A  newspaper  or  price  current  cannot  be  considered  a  book  within 
the  sense  and  moaning  of  tiie  act  of  Congress.     JbiJ.,  385. 

9.  A  label  used  in  the  sale  of  any  article  is  not  a  book,  within  tho 
provisions  of  the  statute  respecting  copyrights.  Cnffecn  v.  Brunton,  4 
McLean,  517.— McLean,  J.;  Ind.,  1849. 

10.  The  natural  objects  from  which  maps  and  charts  are  made  are 
open  to  all,  and  therefore  a  copyright  cannot  subsist  in  a  chart,  as  a 
general  subject,  but  may  in  an  individual  work,  and  others  may  be  re- 
strained from  copying  it.  Blunt  v.  Fatten,  2  Paine,  400,  401. — Thomi'- 
60N,  J. ;  N.  Y  ,  I's-Js. 

11.  A  man  has  a  right  to  a  copyright  of  a  map  of  a  State  or  country 
which  he  has  surveyed,  or  caused  to  be  compiled  from  existing  mate- 
rials, at  his  own  e.^iiense,  or  skill,  or  labor,  or  money.  Emerson  v.  Do- 
xies, \  Story,  "81.— Story,  J.;  Mass.,  1S45. 

12.  Another  may  publish  another  map  of  the  same  State  or  country, 
but  cannot  take  it  substantially  and  designedly  from  the  map  of  the 
other  person,  without  any  such  exercise  of  skill,  labor,  or  expense. 
Ibid.,  781. 

1.3.  Tiie  author  or  compiler  of  a  musical  composition,  made  up  of 
different  parts  co;>ied  from  older  compositions,  without  material  change, 
and  put  together  into  one  tune  with  only  slight  alterations  or  additions, 
is  not  entitled  to  a  copyright  for  such  therefor.  Reed  v.  Carusi,  8  Law 
Rep.,  411.— T.KSEY,  Cli.  J.;   Md..  1845. 

14.  But  the  circumstances  of  its  corresponding  with  older  musical 
compositions,  and  belonging  to  the  same  style  of  music,  does  not  con- 
stitute it  a  plagiarism,  provided  it  is,  in  its  main  design  and  in  its  ma- 
terial and  important  pans,  the  effort  of  his  own  mind.     Ibid,,  41 1. 


28  COPYRIGHT   LAWS. 


IS   rOUCE.  ACT  or   1831,   CUAP.    16,   §  1. 


15.  A  musiCRl  composition,  to  be  the  subject  of  a  copyrijrht,  must  be 
Piibstaiilially  n  new  and  originnl  work,  and  not  a  copy  «l'  a  piecv  nlrcndy 
pPKiiicttl,  with  aililitions  and  variations,  which  a  writer  of  music  witli 
exjwrioncc  and  skdl  could  readdy  make.  JvUit  v.  Jaques,  1  Blatehf, 
6:'6.— Nkusox,  J. ;   N.  Y.,  1850. 

IG  The  phrase  deai'jn,  wiien  used  as  a  term  of  art,  menus  the  Riving 
of  a  vi!?ible  form  to  the  conceptions  of  the  mind;  or,  in  other  wordn, 
to  the  invention.  Binns  v.  Woodruff,  4  Wash.,  62.— Wasuisgtox,  J. ; 
Ta.,  18'Jl.  .  .  * 

n.  A  reporter  cannot  have  any  copyright  in  the  written  opinions  or 
the  juilgea  of  a  court;  nor  can  th<'  judges  confer  any  sucli  ri^lit  on  tho 
rciH.rler.  Whenton  v.  I'ekrs.  8  Pet..  t;68.— McLean,  J. ;  Sup.  Ct..  18^1. 
Litle  V.  Gould,  2  Blatclif.,  170.— Co.nkliso,  .1.;   N.  Y..  1851. 

18.  Suih  deci.-ions  are  the  property  of  the  puhlic,  and  arc  not  tho 
subject  of  copyright.  LiUle  v.  UotUd,  2  Blatclif,  302.— Nei-SOX,  J. ; 
N.  v.,  1852. 

19.  But  a  reporter  may  have  a  copyright  in  hi.<«  own  marginal  notes, 
and  in  the  argumeut.s  of  counsel,  us  arranged  and  prepared  by  him. 
Gray  v.  JiUS-nU.  1  .Story,  21.— Sronv,  J.;   Mass.,  l?3'.i. 

20.  A  work  m;iy  be  the  subject  of  a  copyright,  if  the  plan,  arrango- 
meut,  and  coniliiualion  of  its  materials  are  uvw,  though  the  materials 
may  be  drawn  from  many  iiOurc>e.s,  but  are  for  the  lirst  time  brought 
together  in  such  jdan,  arrangement,  and  combination.  Gratj  v.  JCu-^seU, 
1  ^^tory,  17. — .Stoky,  J.;  Mass.,  1839.  Einerson\.  Daviea,  3  Story,  778. 
SkjUY,  J.  ;   Ma.xs.,  1.S45. 

21.  But  there  can  be  no  copyright,  of  a  plan  distinct  from  the  work 
itself,  any  more  than  there  can  be  of  an  idea.  The  words  in  which  au 
idc.t  is  expres.scd,  are  a  subject  of  projKjrty  ;  and  so  is  the  ela-ssilli-ation 
of  tho  subject  (li8ou.«scd.  ^tury'a  Ezra.  v.  Uolcombt;  4  McLean,  31G. — 
McLkas,  J.;   Ohio,  lHi7. 

.s<o  aUo  lUcjKST  i'AT.  CA8K.S,  titles  AuTnon;  CorvntoiiT,  B.,  C. ; 
AuriiD^iME.NT;    Charts;     Compilations;     Dictionaries;    Reviews; 

TkANbLATIoN. 

(h)   COPTRlr.lIT,  WUAT    I.S. 

I.  The  privilege  of  an  author  to  an  exclusive  sale  of  his  works,  for  a 
limited  numV>er  of  ycarH,  nllliough  a  nu>nojx>ly,  is  not  .ho  in  tlie  o<iious 
meaning  of  the  term  ;  but  is  but  a  [imixT  reward  fi>r  his  lalxir,  and  to 
which  ho  is  as  mucli  entitled  as  to  tlio  exi-liisive  enjoyment  of  any 
other  kin<l  of  property.  Jllunt  v.  Patten,  2  Paino,  395. — TiioMi'SON,  J. ; 
N.  y^  1828. 

a.  Copyright  Is  an  exclusive  right  to  the  muUiplioation  of  copies,  for 
the  bcnelU  of  the  nulhor  or  his  assigns,  di8C<inneete<l  from  the  plate,  or 
any  other  physiad  existence.  Strphcna  v.  C'arfy,  14  How.,  330. — Nel- 
BON,  J.;  Sup.  Ct.,  l»52. 

3.  Bcfi.r'.'  publieation,  an  author  has  tho  exrhiHivo  jKisseHsion  of  tho 
Ideas  cyntAiue<l  in  his  book,  and  the  combination  of  words  to  repre8«nt 


COPYRIGHT   LAWS.  29 

ACT  OF  1831,  CHAP.  IG,  §§  1,  2.        IX  FORCE. 

them.  But  when  Jio  ha.s  publislicd  his  book,  and  given  his  thonghts, 
Fcntiiiiont.M,  knowledge,  or  infonnation  to  the  world,  he  can  have  no 
lonf:er  an  c.tclusive  passessiou  in  them.  Stowe  v.  Tlioinwi,  5  Amor. 
L:uv  Keg.,  •J-.i«. — CuiKK,  J.  ;    I'a.,  lH.'"i3. 

4.  AVIieu  an  aiiilior  ha.s  sold  liis  work,  the  only  property  which  ho 
reserves  to  himself,  or  whicii  the  law  gives  to  him,  is  the  exclusive 
right  to  multiiily  the  copies  of  that  particular  comhiuation  of  character 
which  e.thibita  to  the  eyes  of  another  ihe  ideas  intended  to  be  con- 
veyed.    This  is  what  the  law  terms  copy,  or  copyright.     Ibid.,  'J23. 

6.  An  autlior's  cxcliLsive  property  in  a  literary  composition,  or  copy- 
right, consists  only  in  a  right  to  multiply  copies  of  his  book,  and  enjoy 
the  profits  therefrom,  and  not  in  au  exclusive  right  to  his  conceptions. 
Ihiil.,  228. 

G.  The  case  of  MiUar  v.  Taylor,  4  Burr,  311,  ha.s  finally  settled  tho 
question  as  to  tho  nature  of  the  jjpoperty  whioh  an  autiior  has  in  his 
works ;  and  it  is,  that,  after  publication,  his  proi)erty  consists  in  tho 
"  right  of  copy,"  which  signilies  "the  solo  right  of  printing,  publish- 
ing, and  selling  his  literary  composition  or  book  ;"  not  tliat  he  has 
such  a  property  in  his  original  conceptions,  that  he  alone  can  use  them 
in  the  composition  of  a  new  work,  or  clothe  them  in  a  diCfereut  dress 
by  translation.     Ibid.,  230. 

See  also  UioEsr  Pat.  Cases,  title  Copyright,  A. 

(c)    FOUKDATIO.V   OF   COPYRIGUT. 

1.  Congress,  in  passing  tho  copyright  act,  did  not  loi:islate  in 
reference  to  existing  rights.  Instead  of  sanctioning  an  existing  right, 
it  created  it.  Whcaton  v.  Pciers,  8  Pet.,  GCl. — McLean,  J. ;  Sup.  Ct., 
1834. 

2.  In  the  United  States  an  author  can  have  no  exclusive  property  or 
copyright  in  his  published  production  except  under  the  laws  of  Con- 
gress.    Ibid,  602. 

3.  Tlie  author  of  a  literary  composition  has,  at  common  law,  no  ex- 
clusive right  to  print  and  publish  it.  Dudleij  v.  Muyhew,  3  Coms.,  12. 
— Stkoxu,  J. ;   N.  Y.,  18-19. 

4.  Copyright,  though  formerly  considered  to  bo  founded  on  common 
law,  can  now  onlv  be  viewed  as  part  of  the  statute  law.  ClayUm  v. 
Stori",  2  Paine,  383.— Tiioui-sox,  J.;  N.  Y.,  1828. 

5.  Tiie  object  of  the  acts  of  Congress,  securing  to  authors  the  exclu- 
sive right  to  their  writings,  was  the  promotion  of  science.     Ibid.,  392. 

See  also  Dioest  Pat.  Case.s,  title  Copyright,  A. 

Sectiox  2.  And  he  it  further  enacted.  That  if,  .at  tho 
expiration  of  the  af(»re>aid  term  of  years,  siuli  author, 
inventor,  designer,  engravi-r,  or  any  of  them,  wliere  tlio 
worlc  had  been  originally  coinpob^ed  and  made  by  more 


80  COPYRIGHT  LAWS. 

IN  rORCB.  ACT  or   1831,   CHAP.    IG,   §^2,  3. 

than  one  person,  ho  still  living,  ami  a  citizen  or  citizens 
of  tlic  I'nitcd  States,  or  residenL  therein,  or,  bcini;  deatl, 
shall  have  left  a  widow,  or  child,  or  children,  either  or 
all  then  liviiifj,  the  same  exclusive  ritiht.  shall  be  con- 
tinued to  sueh  author,  designer,  or  cntjraver,  or,  if  dead, 
then  to  such  widow  and  child,  or  children,  fur  the  i'ur- 
ther  term  of  fourtei-n  years:  ProiUihtf,  That  the  title  of 
the  Work  so  secured  shall  be  a  second  time  recorded,  and 
all  such  other  regulations  as  are  herein  required,  iu  regard 
to  original  coi>yrii,'hts,  be  complied  with  in  respect  to 
BOch  renewed  copyright,  ami  tiiat  within  six  moutha 
before  the  expiration  of  the  first  term. 

1.  The  extension  under  thi.s  act  looks  entirely  to  the  author  and 
bis  family,  nnd  not  to  assij,'ncos.  IHerj^nt  v.  J-'ouU,  2  Wood,  i  Min., 
42. — Wo  iDiilRY,  J. ;    Mass.,  1S4C. 

2.  An  ii8si(fnnient  of  a  "ci>pyri;;ht"  should  not,  by  construction,  bo 
exlenilcd  beyund  llie  (irst  term,  uiilf.<8  il  seems  to  bo  actually  meant 
by  the  uuthor  to  bo  Irausferred  forever,  and  including  any  future  con- 
tin^rencv.     Ibid.,  44. 

3.  But  where  il  is  clear  that  the  author  intended  to  transfer  all  his 
Intcresl  in  the  c<)i)yri^,'lit,  as  well  in  tho  extended  as  iu  the  original 
tern>,  and  tlie  aisigninciii  is  not,  in  its  terms,  broad  ouoiiph  to  cover 
Uio  second  term,  a  court  of  equity  will  direct  tho  contract  to  be  re- 
formed, BO  as  to  cii;brace  oil  Uio  interest,  t'owen  v.  liutika,  MS. — XtL- 
80X.  J.;   X.  Y.,  lst.2. 

i.  An  usbi^nee  alone  cannot  take  out  the  second  or  extended  tenn, 
unless  he  has  paiil  lor  it,  clearly  contracted  f>)r  it,  and.  in  equity,  rather 
thou  by  nny  technicid  law,  is  to  be  protortcd  in  it.  J'icrpiii  v.  Foule, 
2  Wood.  A  Mill.,  H. — WotiUUCKY,  J.;   Mass.,  lt>4'). 

6.  The  taking  out  a  m-ound  term  of  a  copyright  is  not  like  tho 
Btrengtheuiiig  of  a  defective  title,  but  rather  like  a  new  interest  ol> 
tained  aAcr  the  general  interest  htul  expired.     Jbil..  46. 

See  also  Diiinsr  1'at.  La.sks;   title  C'U'VliKiiiT,  K. 

Seition  3.  And  bi:  if  ftirt/nr  tuactii/,  That  in  all  cases 
of  renewal  of  copyright  under  this  act,  such  author  or 
proprietor  hliall,  withiu  two  month.s  from  tho  date  of  haid 
renewal,  cause  a  copy  of  the  record  thereof  to  be  pub- 


COPYRIGHT  LAWS.  81 

ACT   OF    1831,   CHAP.    16,    §  4.  IS    KOIKE. 


lished  in  one  or  more  of  the  newspapers  printed  in  the 
United  States,  for  the  space  of  four  weeks. 

Section  4.  And  be  it  further  enacted^  That  no  person 
shall  be  entitled  to  tlie  benefit  of  this  act,  unless  he  shall, 
bi-ibre  publication,  deposit  a  printed  cojiy  of  the  title  of 
such  book,  or  book.-^,  map,  chart,  musical  composition, 
j)iint,  cut,  or  engraving,  in  the  clerk's  office  of  the  Dis- 
tiict  Court  of  the  district  whert-in  the  autlior  or  pro- 
jirietor  shall  reside,  and  the  clerk  of  such  court  is  hereby 
directed  and  required  to  record  the  same  thereof  forth- 
with, in  a  book  to  be  kept  for  that  purpose,  in  the  word.s 
following  (giving  a  copy  of  the  title,  under  the  seal  of 
the  court,  to  the  said  author  or  proprietor,  Avhenever  he 
shall  require  the  same) :  "  District  of  to  wit :    Be 

it  remembered,  that  on  the  day  of  Anno 

Domini,  A.  B.,  of  the  said  district,  hath  deposited 

in  this  office  the  title  of  a  book  (map,  chart,  or  otherwise, 
as  the  case  may  be),  the  title  of  which  is  in  the  words 
following,  to  wit :  (here  insert  the  title) ;  the  right  where- 
of he  claims  as  autlior,  (or  proprietor,  as  the  case  may  be,) 
in  conformity  with  an  act  of  Congress,  entitled  '  An  act 
to  amend  the  several  acts  respecting  co|)yrights.'  C.  D., 
Clerk  of  the  district."  For  which  record  the  clerk  shall 
be  entitled  to  receive,  from  the  person  claiming  such 
right,  as  aforesaid,  fifty  cents,  and  the  like  sum  for  every 
copy  under  seal,  actually  given  to  sucli  person  or  his 
assigns.  And  the  author  or  proprietor  of  any  such  book, 
map,  diart^  musical  cotnjiosition,  print,  cut,  or  engraving, 
shall,  within  three  months  from  the  publication  of  said 
book,  map,  chart,  musical  composition,  print,  cut,  or  en- 
graving, deliver,  or  cause  to  be  delivered,  a  copy  of  the 
same  to  the  cle:k  of  said  district.     And  it  shall  be  the 


82  COPYRIGHT  LAWS. 

IS    FORCE.  ACT   OP    1«31,    CHAP.    IG,    g§  4,  6. 

duty  of  the  clerk  of  each  District  Court,  at  least  once  in 
every  year,  to  transmit  a  certifie«i  list  of  all  such  records 

of  eujtyri^lit,  iric'Uurm;jj  the  titles  so  reeorded,  and  the 
<l;ites  of  record,  and  also  all  the  several  copies  of  books 
or  other  works  deposited  in  his  office  according  to  this 
:u't,  to  the  Secretary  of  Slate,  to  be  preservtil  in  his 
ortice.  ((/) 

Section  5.  And  be  it  further  enacted^  That  no  person 
shall  be  entitled  to  the  benefit  of  this  act,  mdcss  he  shall 
j^ive  inlonnation  of  copyright  being  secured,  by  causing 
to  be  iiiserte<l  in  the  several  copies  of  each  and  every 
edition  published  during  the  lenn  secured  on  the  title- 
page,  or  the  page  iniiuediately  following,  if  it  he  a  boot, 
or,  if  a  map,  chart,  musical  conjposition,  print,  cut,  or 
engraving,  by  causing  to  be  impressed  on  the  face  there- 
of, or  if  a  voltmie  of  maps,  charts,  music,  or  engravings, 
uj)on  the  title  or  frontispiece  thereof,  the  following  words, 
viz. :  ''Entered  according  to  act  of  Congress,  in  the  year 
,  by  A.  H.,  in  the  <lerk'8  office  of  the  District 
Court  of  ,"  (as  the  case  may  be.)  (a) 

{a)  Notes  to  g§  4  and  5. 

1.  Tho  not  of  T'-.Tl  enihodios  tlio  proviaions  of  the  acts  of  1790  aDd 
18o2,  and  imix>sf«  on  the  ixrsoiis  ilaiminij  tlio  |irivili'({t'  of  copyright 
the  K.-iinc  dtiiie'<  and  lLtl>ilitic!«  wliicli  nttcudid  the  ri^lit  uiidur  tho  prior 
utatulcH.      Jkiktr  y.  TayhT.  '1  Ulatohf.,  8.1.— Hetts,  J.;   X.  Y,  1S48. 

2.  Under  Hwclioo.M  4  tind  5  of  tliiK  act,  tho  dopositiiig  tho  titlo-p.i((« 
io  tho  pr<i|MT  ilurk'H  ofllco,  piilplij-hinK  a  n<ilici»  uoconhnif  to  thu  net, 
nnd  dohviritig  a  »'<^)py  "f  tlio  Ijook,  aro  conditiunM,  Iho  |K'rfunnnuoo  of 
which  i»  I'Oik  nlial  to  tho  lilh>.     Ihi<l ,  84. 

.'!.  And  tl.o  uuticv  uiiiMl  bv  publirheil  in  the  manner  H)>ccifled  iu  l))0 
Oct      IIU.,  H4. 

4.  All  »ho  ttiinifii  rtxpiirod  by  tlic«»o  FOctionR  niuxt  Ik?  <litno  to  ceoure 
a  copyri'.'lil.  JiMif  v.  ././'/u^r  1  lllaulif,  CJo.— Nklkon,  J.;  N*.  Y., 
1Sj<».      .Siruirv.  Sihuedt.r,  4  Hl.it<  hf.— Nkuson,  J.;    N.  Y.,   1H.-.7. 

■>.  I'ntd  all  tho  thinjfH  r«qiiir<  .1  l.y  ihcH'-  HcctioiiH  aro  doix*.  tlio  copy- 
right is  not  nccurod;  but  by  lakia^  tho  iucipiunt  nlc-p,  a  right  is  so 


COPYRIGIIT   LAWS.  83 


ACT  OF   1831,   OilAP.    16,   §g  5,  G. 


qdired  which  chanrery  will  |>rntcct,  until  the  other  acts  may  be  done. 
iWV  V.  Di-rliij,  5  McLean,  na'i  — McI.kan,  J.,  Ohio,  1«'.2. 

G.  ^Vho^c  a  work  con>i.«tH  of  a  niinihcr  of  volumes,  the  insertion  of 
the  roeoril  on  tlio  pa^rc  next  foliowini;  the  title-fiagc  of  theyfrs^  vnlnme 
of  the  work  is  a  sullicieni  compliance  witii  tlie  statute.  Dwi'jht  v. 
AppUtoiv,  1  N.  Y.  Lor.  Obs.,  198.— TiioiirsoN,  J.;  N.  Y.,  1S-J3. 

7.  The  author  may  insert  the  same  record  in  anotlier  edition,  pnb- 
lished  in  a  dilVerent  number  of  volumes,  without  impairing  the  copy- 
right.    Ibid.,  109. 

8.  The  number  of  volumes  in  wliich  it  waa  stated  the  work  would 
bo  piiblislicd,  make  no  part  of  its  title,  and  may  be  rejected  as  sur- 
plusage.    IhiJ.,  199. 

9.  After  such  title-page  has  1)ecn  deposited,  the  author  can  maintain 
nn  action  for  an  infringement  or  violation  of  his  ri^'ht,  even  though  the 
work  may  not  liavo  been  published,  or  tlu)  printed  copy  deposited. 
Bobcrts  \'.  Mryers,  13  Mo  Law  Rep.,  398.— Si-uague.  J.;  Mas.s.,  1860. 
Contra,  Kttne  v.  Whtatley,  1  Amer.  Law  Reg.,  44. — Cadwalladeu,  J.; 
Pa.,  1800. 

10.  The  record  from  tlie  clerk's  office,  made  in  the  form  prescribed 
by  sov-'tion  4,  or  of  the  depositing  of  a  title-page,  is  prima  facie  evidence 
that  a  printed  title  was  deposited.  Roberts  v.  Meyers,  13  Mo.  Law  Rep., 
398.— iJpuAGUE,  J.;  Mass.,  ISCO. 

11.  Where  the  title-page  of  a  book  was  deposited  in  1S46,  and  tho 
notice  of  tiie  entry,  inserted  in  the  book,  stated  it  to  have  been  dejtosit- 
ed  in  1847,  IJcU.  that  the  error  created  a  fatal  defect  in  the  plaintiff's 
title.     Rik-r  V.  Tiylor,  2  Blatchf,  84.— Betts,  J.;   N.  Y.,  1S48. 

12.  Kvcn  if  tlie  error  arose  from  mistake,  it  will  make  no  difference 
as  to  the  resiilt.     Ibid.,  84. 

13.  Under  section  4  a  person  is  not  entitled  to  any  beneflt,  imder  tho 
act,  unless  he  deposits  the  tiile-page  be/ore  the  publication  of  his  worl^. 
Ibid,  85. 

14.  Where  copies  of  a  book  were  sold  prior  to  the  date  of  the  deposit 
of  a  copy  of  the  title-page,  and  a  printed  copy  of  the  book  was  deposited 
in  the  clerk's  ollice,  at  the  same  time  the  title-page  was  deposited.  Held, 
that  these  facts  warranted  an  infirencc  of  an  actual  pubhcation  of  the 
book  prior  to  the  date  of  such  deposit.     Ibid.,  85 

See  also  Digest  Pat.  ("a.ses,  title  Copykight,  D.;  and  notes  to  sec- 
tion 3  of  the  act  of  17 HO,  and  to  .section  1  of  the  act  of  1802. 

Skctiox  6.  And  be  it  fm-tJirr  aiacted,  Tlint  if  .tuv 
otlier  person  or  jiersons,  I'roiu  atid  after  the  rceor<ling 
the  title  of  any  book  or  books,  according  to  tliis  act, 
shall,  within  the  term  or  terms  herein  limite  1,  print  («), 
publish,  or  import,  or  cause  to  be  printed,  published,  or 


84  COPYinr.IIT   LAWS. 


ACT  or   1831,   CUAP,    16,   g  6. 


imported,  any  copy  of  such  book  or  books  (ft),  without  the 
consent  of  the  p'rson  Ictjully  entitled  to  the  copyright 
tlicreof,  first  had  and  obtained  in  writinjx,  signed  in 
presence  of  two  or  more  credible  witnesses,  or  shall, 
knmving  the  same  tn  be  so  printed  or  iinportC'L,  publish, 
sell,  or  expose  to  sale,  or  cause  to  be  i»ublished,  sold,  or 
exposed  to  sale,  any  copy  of  such  book  without  such 
consent  in  writing;  then  such  offender  shall  forfeit  every 
copy  of  such  book  to  the  person  legally,  at  the  time, 
entitled  to  the  copyright  thereof;  and  shall  also  forfeit 
and  pay  fifty  cents  for  every  such  sheet  which  may  bo 
found  in  liis  possession,  eitlier  jirinted,  or  printing,  pub- 
lished, imported,  or  exposed  to  sale,  contrary  to  the 
itjteiit  of  this  act,  the  one  moiety  thereof  to  such  legal 
«>wn(T  of  the  copyright  as  aforesaid,  an«l  the  other  to  the 
use  of  the  United  States,  to  be  recovered  by  action  of 
tlel)t  in  anv  court  having  competent  jurisdiclion  there- 
o-  (<•) 

(ill.  The  intent  with  wliicli  a  work  is  roprintotl  cannot  be  lAkcn 
into  consideration  ;  it  is  the  net  of  reprinting  that  is  prohibited  by  tlio 
Maiute.  Siehols  v.  liugjU.i,  3  Day,  158. — ClUIAM  ;  Ct.,  1808.  Story's 
Kira  V.  U<.l.imtb<,  A  Mclx-an,  3U9'  :ilO— McLkan,  J.:   Oliio,  1847. 

2.  It  is  of  no  con.scfiuonct!  in  what  fomi  the  works  of  another  ore 
UHcd,  whether  it  Ijo  a  xiniplo  rojirint  or  by  inC'ir|M>rating  it  in  soino 
other  work.  If  liis  co|)yri>(lil  i.s  viohitcil,  he  c.'in  maintain  an  aclioa 
therefor.      Cnty  v.  liuMrU.  1  ."^tory,  19. — Stokv.  J.;   Mjih.s  ,  1S39. 

3.  To  entitle  a  party  to  an  action  for  tlio  infrini^'enjent  of  n  copyright, 
it  ia  not  DccfNNary  tiiat  the  wiiolc  or  a  greater  part  of  liis  work  slioiild 
bo  taken.  If  so  mucli  is  taken  as  to  ini|»air  the  value  of  the  original, 
or  so  that  the  labors  of  the  original  author  are  siibxlnntially  appropri- 
ated, tliat  i"  Hiillloient  in  point  of  law  to  coii'-tilulo  u  piracy.  J-'ultom  v. 
Harih,  2  Story,  115— SrotiT,  J.;    Ma-s.,  Is41 

A.  The  entirely  of  the  copyriglit  is  tiie  pro|)crty  of  tlie  author;  nnd 
it  U  DO  defence  that  another  ha!i  nppro])rialed  only  a  part  of  such  prop- 
•rtj  and  not  the  whole.     JbuL,  \W>. 

6.  Nor  do<-a  it  necesHarily  dop^-nd  u{>on  the  quantity  taken,  whether 
it  \n  nn  infringcm'.'nt  of  a  ct)pyright  or  not.  Ibid,  IIG  Sloi-y't  Ex'ri 
T.  UtAcvmU,  i  McLonn,  309,  310.— MclJSvN,  J.;  Ohio,  1847. 


COPYRIGHT   LAWS.  35 

ACT  OF   1831,   CUAP.    16,    §§  6,  7.  IN   FOKCK. 

fi.  Intention  cannot  bo  taken  into  account  in  roferonce  to  an  infrlnpc- 
mctit.  If  a  opyriKlit  li:i3  been  invaded,  wlictlier  tiic  party  Ivncw  tho 
work  was  eopyrighted  or  not,  lie  is  liable  to  tho  penalty  for  vi<  lation. 
MilHt  V.  Smu'dei,  1  West.  L.  Jour.,  240.— Betts,  J.;  N.  Y.,  1.S43. 

{b)  1.  A  book  may  in  one  part  of  it  infrinpo  the  copj-right  of  anotiicr 
work,  and  in  other  parts  bo  no  infringement ;  in  such  a  ca.se,  tho 
remedy  will  not  bo  extended  beyond  the  injury.  Story's  Exrs.  v.  Hoi- 
combe,  4  MrLean,  .'Uu— .McLkan,  .!.,  Ohio,  1847. 

2.  A  book,  wi'.hin  tho  meaning  of  the  statute,  docs  not  include  a 
translation  of  a  work.  Slowe  v.  T/toi>uis,  2  Amcr.  Law  Reg ,  230. — 
CJRiKit,  J.;    Pa..  1S53. 

3.  A  translation  may  be  called  a  transcript  or  copj'  of  tlie  autlior's 
thought  or  conception,  but  in  no  correct  sense  can  it  bo  called  a  coj>y 
of  his  book.     Ibid.,  231. 

See  also  Di(ii:sT  Pat.  C.vsks,  title  Ixkri.vokme.nt.  A. 

(c)  1.  An  action  on  the  cuse  is  the  projjcr  form  of  action  to  recover 
damages  for  a  violation  of  a  copj-right;  trejipnss  will  not  lie.  AtwiU  v. 
Ferr,U,  2  Blatchf,  48.— Betts.  .1.;  N.  V.,  1840. 

2.  The  penalty  of  fifty  cents  per  sheet  imposed  by  this  section  is 
incurred  for  every  sheet  found  to  have  been  in  the  defendants'  posses- 
Bion,  or  which  they  had  sold,  or  held  for  sale.  Dnnghl  v.  Appletons,  1 
N.  Y.  Leg.  Obs.,  198.— Tuomi-son,  J.;  N.  Y.,  1843. 

3.  The  penalty  declared  by  this  section  can  be  adjudged  onh'  for  the 
sheets  found  in  the  posses-ion  of  the  defendant.  Backus  v.  Gould,  7 
How.,  Sll.— McLean,  J.;  Sup.  Ct.,  1.S48. 

4.  The  penalty  imposed  by  this  section  is  not  incurred  by  printing 
and  publishing  so  much  of  a  book  as  to  amount  to  an  infringement  of 
the  copyright.  Rogers  v.  Jewett,  12  Mo.  Law  Hep,  340. — Ccrtis,  J.; 
Mass..  1858. 

5.  Tho  words  ''a  copy  of  a  book."  found  in  section  G  of  tlic  act  of 
1831,  import  a  transcript  or  copy  of  the  entire  book.     Ibul ,  341. 

6.  Congress  did  not  intend  to  inflict  these  penalties  upon  the  unlaw- 
ful printing  or  publication  of  less  than  an  entire  work.     Ibid.,  341. 

Section  T.  And  be  it  further  enacted,  That  if  any  per- 
son or  persons,  after  the  recording  of  the  title  of  any- 
print,  cut,  or  engraving,  map,  chart  (a),  or  musical  com- 
position, according  to  tlie  provisions  of  this  act,  shall, 
"within  the  term  or  terms  limited  by  this  act,  engrave, 
etch,  or  work,  sell,  or  copy,  or  caused  to  be  engr.ived, 
etched,  worked,  or  sold,  or  copied,  either  on  the  •wliole, 
or  by  varying,  adding  to,  or  diminishing  the  main  design, 
■with  intent  to  evade  the  law  ;   or  shall  print  or  import 


38  COPYRIGHT  LAWS. 

IN  roncM.  ACT  or  1831,  cuxp.  Itt,  §  7. 


for  salt*,  or  cause  t<>  Ix-  f»rintO(.l  or  inii>ortC(l  for  sale,  any 
Huch  map,  chart,  musieal  cnniposition,  print,  lut,  or  cn- 
i^raving,  or  any  parts  thereof,  without  tlie  eoiisent  of  the 
proprietor  or  proprietors  of  the  copyright  thereof,  first 
obtained  in  writing,  signed  in  the  presence  of  two  ered- 
il>le  witnesses  ;  or  knowing  the  same  to  be  printed  or 
imported  without  such  consent,  shall  publish,  sell,  or 
expose  to  sale,  or  in  any  manner  tlispose  of  any  such 
map,  chart,  musical  composition,  engraving,  cut,  or  print 
without  su<h  consent,  as  aforesaid;  then  such  olK-niler 
or  offenders  shall  forfeit  the  plate  or  plates  on  which  such 
map,  chart,  musical  composition,  engraving,  cut,  or  print, 
shall  be  copied,  and  al>o  all  and  every  sheet  thereof  so 
copied  or  printed  as  aforesaid,  to  the  proprietor  or  pro- 
prietors of  the  copyright  thereof;  and  shall  further  for- 
I'c'it  one  dollar  f>>r  every  slu-et  of  such  ma|).  chart,  musical 
composition,  print,  cut,  or  engraving,  which  may  be  fournl 
in  his  or  their  possession,  printed  or  published,  or  ex- 
posed to  sale,  ctmtrary  to  the  true  intent  and  meaning 
>>(  this  act;  the  one  moiety  thereof  to  the  j)roprietor  or 
proprietors,  and  the  other  moiety  to  the  use  of  the  United 
States,  to  be  recovered  in  any  court  having  competent 
jurisdictitjn  thereof.  (//) 

(a)  1.  Thoii^rh  n  party  caiinot  huvo  a  crji)yripht  in  tlio  oripriiml  cle- 
metiUi  or  inatoriulii  of  IiIh  cliurt,  ho  linH  u  ri^^lit  to  tlio  rcMult  of  his 
lnt»orH  and  nurvoyn  in  mnkiii(f  il.  Anotlier  jiarty  m;iy  rc.oort  to  the 
oriK'iriiil  tnuU-ri^lM  of  the  chart,  and  Hiirvoy  f«>r  liimsolf,  but  lie  cannot 
ovail  himm.ir,  cithi-r  in  whulo  or  in  jwirt,  of  the  niirvovH  of  the  formur. 
lUiint  X.  I'aUrn,  2  Taino.  3'.»r>,  300  — Timyi-KoN,  J.;   X.  V.,  1S28. 

2.  The  natural  ohjiftM  from  which  ••Juirt.-*  nro  niado,  bfin^',  however, 
open  to  all,  a  (ojiyn^flit  cannot  Hul>m«t  in  ii  chart,  nn  n  j(iii«.ral  Hutijfcl, 
but  It  may  in  an  individual  work,  und  othom  may  l>u  restrained  from 
copying  itiich  work.     /'<(■/.,  40(».  401, 

3.  Hut  n  ri^ht  in  nmU  n  nubji-ct  is  violatfid  ouly  when  aoothcr copies 
Irom  tho  chart  of  him  who  hoa  jiernrod  tiio  oopyriicht,  and  tliorcby 
availed  hironelf  of  hi^  UI>or  and  akill.     Ibid.,  402. 


coPYnronT  laws.  87 

ACT  OP   1831,   CIIA.P.    16,   §§   7-9.  la  FOKCB. 

4.  Ill  all  such  cnse!<,  it  is  a  proper  question  for  a  jury,  whoUier  tho 
one  is  a  C()|)y  of  iho  other  or  not :  if  tlicre  was  some  small  variance,  it 
woulil  1)0  a  proper  subject  (if  iuqiiiry  wheilier  the  alteration  was  not 
merely  colorable.     Jbid.,  Kr.'. 

;').  IJiit  a  subsequent  compiler  has  a  ripht  to  avail  himself  of  all  prior 
puliiications  wliicli  are  not  copyri^'htod.  and  if  Ids  chart  is  compiled 
from  such  publirations.  it  is  no  iufringemeut,  although  it  may  agree 
with  another's  ciiart.     Ibid.,  10.5. 

t).  One  person  may  publish  a  map  of  the  same  State  or  country  for 
which  another  has  a  copyri^rlit,  by  using  tlie  like  means  or  materials, 
and  tiio  like  skill,  labor,  and  expense,  in  its  preparation.  But  be  lias 
no  right  to  publish  a  map,  taken  substnutially  and  designedly  from  tho 
map  of  sucli  other  per.son.  witliout  any  sucJi  exercise  of  skill,  labor,  or 
BApense.     Kmenon  v.  Dariei,  '.i  Story.  781. — SroiiY,  J.;  liass.,  1845. 

Sec  also  l)i(:i:.ST  Pat.  Casks,  title  C'hakts. 

(b)  I.  Tho  penalty  for  an  infringement  is,  under  this  section,  fixed 
b}'  law.  If  the  jury  find  there  has  been  an  infringement,  they  must 
ascertain  the  number  of  sheets  proved  to  have  been  sold,  or  offered  for 
sale  (not  tho  number  primed),  ;ind  return  a  verdict  for  one  doihir  for 
each  slieet  so  sold,  or  offered  to  be  sold.  MiUttt  v.  Snowden,  1  West. 
Law  Jour.,  240.— DtTTd,  J. ;   N.  Y.,  184.'$. 

2.  A  defendant  is  not  liable  to  the  penalty  imposed  by  this  section, 
unless  ho  was  guUty  of  the  infraction  of  the  copyright  within  two 
vears  before  action  was  brought.  Jited  v.  Carusi,  8  Law  Rep.,  412. — 
Taney,  Ch.  J.  ;   Md.,  1845. 

3.  The  engraving  or  preparation  of  plates,  where  the  work  is  printed 
from  plates,  may  have  been  more  than  two  years,  but  every  priming 
for  sale  would  be  a  new  infraction  of  the  right,  and,  if  such  printing 
was  within  two  years  before  suit  brought,  tho  defeudaut  is  liable. 
I  hid..  412. 

4.  The  penalty  is  at  the  rate  of  one  dollar  for  each  sheet  tlio  defend- 
ant may  have  caused  to  be  printed  for  sale,  within  two  years  before 
suit  brought.     Ibid..  412. 

See  also  Digest  Pat.  Cases,  title  Penalties.  A. 

Section  8.  .1/*'^  be  it  fia-l/nr  enacted.,  That  notliing 
ill  this  act  shall  be  construed  to  extend  to  prohibit  the 
iraportiitioii,  or  vending,  printing,  or  publishing  of  any 
map,  chart,  book,  niusicul  composition,  print,  or  engra- 
ving, written,  composed,  or  made  by  any  person  not 
being  a  citizen  of  the  United  States,  nor  resident  within 
the  jurisdiction  thereof. 

Skctiox  3.  And  be  it  further  enacted,  Th  :t  any  pjr- 


88  COPYRIGHT  LAWS. 

IN  rOUCB.  ACT  Qf  1831,  CHAP.  16,  §  9. 

son  or  persons  who  shrill  print  or  publish  any  m.inuscript 
whatever  without  the  consent  of  the  author  or  legal 
pr.)i)riet<ir  first  obtained  as  aforcs:ii»l,  (if  such  author  or 
jiroprictor  be  a  citizen  of  the  United  States,  or  resilient 
therein),  shall  be  liable  to  suffer  and  pay  to  the  author  or 
proprietor  all  dam.iges  occasioned  by  such  injury,  to  bo 
recovered  by  a  special  action  on  the  case  founded  upon 
this  act,  in  any  court  having  cognizance  thereof;  and  the 
several  courts  of  the  United  States  empowered  to  grant 
iniumtions  to  prevent  the  violation  of  the  rights  of 
authors  and  inventors,  are  hereby  empowered  to  grant 
injunctions,  in  like  manner,  according  to  the  principles 
of  eqiiitv,  to  restrain  such  j)ublicaiion  of  any  manuscript 
as  aforesaid. 

1.  An  aut}jor,  at  common  law,  has  a  property  in  his  manuscript,  and 
mar  obtain  redress  ugainst  any  one  who  deprives  liim  of  it,  or  by  im- 
properlv  oblainiug  a  co|)y  endeavors  to  reahzo  a  protit  by  its  piil)lica- 
tion.      'Whratoit  v.  Pctcrf.  8  Pet,  C57.— McLeax,  J.;  Sup.  Ct.,  I8:t4. 

2.  NotwithsUndinp  tiie  copyright  by  Ktatiite,  there  remains  in  nn 
author  a  common  hiw  title  to  l»i;<  works  l)efore  puhhcation.  Jones  v. 
Th'tne,  1  N.  Y.  Leg.  <  >b8  ,  409.— Mcf'oVS,  V.  <Jh.;   N.  Y.,  IS  13. 

3.  At  coninion  hiw,  indo|>enduntly  of  the  statute,  tlie  autlior  of  a 
manuHoript  miglit  «bt  lin  rcdrosM  against  one  who  had  surreptitiously 
gained  pf>BsesMi<>n  of  it.  liartlfUe  v.  L'rHUudeit,  4  McLean,  301. — 
M<  I.KAN,  J.;  t)liio,  1H17. 

4.  On  general  equiuiblo  principloii,  relief  may  also  bo  given,  under 
like  circumstance'*,  by  n  couit  of  eliancery.     Hid.,  3nl. 

£>.  The  use,  by  an  author,  c)f  hi*  manuscript  for  the  purpose  of  in- 
Btniction,  is  not  an  Ql»ando»im<"nt  of  it  to  ttie  pul>lia  Nor  is  it  an 
•bnndonmet.t,  to  nl!i)W  bis  pupils  to  lake  copies.      Jbid..  303. 

C.  ThoHe  uUo  wlio  have  I  tvn  pcrmitt<'<l  to  tiiko  copies,  have  no  right 
to  a  UHO  which  wa^  not  in  coDU'mpblion  when  tho  consent  to  tako 
copies  was  given.     Hiid.,  3(13. 

7.  An  author  has  a  common  law  rij^ht  in  hU  manuscript  until  ho 
rclinquis!i<.-s  it  by  i-onlract  or  momio  equivocal  act.  liartklte  v.  CritUn- 
den,  J  McLe.m,  a-;.  38  — McLkas.  J.;  Ohio,  184y. 

H.  fuch  right  is  nbo  proucWd  by  aoclioD  9  of  tho  copyright  act  of 
l«3i.     Ibid,  :«H. 

j».  A  •urreptltlou*  publication  of  an  Iroportant  part  of  a  manuscript 


COPYRIGHT    LAWS. 


ACT  or   1831,   CHAP.    16,    §§   9-11.  IX    KOIKE. 


is  equally  within  tho  statute  as  if  the  manuscript  was  complete ;  and 
tlie  whole  of  a  nianiiacript  need  not  be  printed.     Ibid.,  39,  40. 

10.  Tills  section  prutoct.s  nianuseripl.s  xml}'.  Stephens  v.  Gladding, 
17  IIow.,  4.'').'>.— Curtis,  .1.;  Sup.  Cl.,  1H.")4. 

11.  At  common  law  an  author  has  a  ri^,'lit  to  his  unpublislied  manu- 
scripts the  same  as  to  any  other  property  ho  may  po.<5He3.s ;  and  thi.s 
act  of  tlie  ."^d  of  Kehniary,  LS:'. I.  gives  him  a  romedy  by  injt-.nction  to 
protect  this  right.  Little  v.  Hall,  18  How.,  170.— McLean,  J.;  Sup. 
Ct..  1855. 

12.  Tho  common  law  right  of  an  autlior  in  his  manuscript  has  not 
been  taken  away  or  abridcred  by  the  statutes  which  have  been  passed 
for  the  protection  of  copyright.  Its  existence  is  prior  to  tlicse  statutes, 
and  independent  of  their  providious.  Wvol'sey  v.  Judd,  -4  Ducr,  3^5. — 
Dlkr,  J.;  N.  Y.,  1835. 

13.  Tiio  act  of  1831,  section  9,  giving  redress  for  the  unauthorized 
printing  or  publv<hing  of  manuscripts,  operates  in  favor  of  a  resident  of 
the  United  States  wlio  has  acquired  tlie  proprietorship  of  an  unpinted 
literary  composition  from  a  noii-i-esideiit  alien  author.  Kei--ne  v.  Wheat- 
ley,  9  Amer.  Law  Rep.,  45.— C.U)Wai,l.\per,  J.;   Pa.,  1800. 

14.  But  this  section — and  which  is  the  only  one — enabling  a  pro- 
prietor, wlio  derives  his  title  from  such  an  auilior,  to  assert  any  right 
under  tho  act — gives  no  redress  for  an  unauthorized  theatrical  repre- 
sentation.    Ibid.,  45. 

See  also  Digest  Pat.  Cases,  titles  Letters;  Maxuscuipts. 

Section  10.  And  he  it  further  enacted,  That,  if  any 
person  or  persons  shall  be  sued  or  prosecuteil,  for  any 
matter,  act,  or  thing  done  unJer  or  by  virtue  of  this  act, 
he  or  they  may  plead  the  general  issue,  and  give  the 
special  matter  in  evidence. 

Skctiox  11.  And  be  it  further  cnactid,  That,  if  any 
person  or  persons,  from  and  after  the  passing  of  this  act, 
shall  print  or  publish  any  book,  map,  chart,  musical  com- 
position, print,  cut,  or  engraving,  not  having  legally 
acquired  the  copyright  thereof,  and  shall  insert  or  impress 
that  the  same  hath  been  entered  according  to  act  of  Con- 
gress, or  woitls  puiporting  the  same,  every  person  so 
offending  shall  forfeit  and  pay  one  hundred  dollars :  one 
moiety  thereof  to  the  person  who  shall  sue  for  the  same, 
and  the  other  to  the  use  of  the  United  States,  to  be  re- 


40  COPYRIGHT    l.AWS. 

IS  roncK.  ACT  op  1831,  chap.  1G,  g§  11-15. 

covered  liy  action  of  debt,  in  any  court  of  record  having 

cognizance  thereof. 

1.  Tlic  ponalty  impoacd  by  this  section,  and  pven  "to  the  person 
w  l:o  shall  sue  for  tlic  same,"  cannot  be  recovercfi  in  tlic  name  ol'  more 
than  one  j>erson.  Farttt  v.  AtaiU,  1  IMalchf.,  154,  153.— Burrs,  J.; 
X.  Y.,  1S4«;. 

2.  -V  (iocl:iration  for  such  penalty  in  the  name  of  two  persons  is  bad, 
oil  general  (lomurrer.      Ibid.,  154. 

li.  Tiicre  is  a  niunifcst  differeneo  between  pivinp  a  jwnalty  to  a  com- 
mon int'onncT,  and  imposing  one  for  the  )>cuelit  of  the  person  aggrieved: 
in  llio  latter  case,  the  term  person  maj'  be  regarded  as  comprehending 
every  one  afloctod  l>y  the  injury.     Ibul ,  15G. 

See  also  Dioest  Tat.  Casks,  title  1'kxalties,  A. 

Section  12.  And  be  it  furt/irr  enact f J,,  That,  in  all 
recoveries  under  this  act,  either  for  damages,  forfeitures, 
or  penalties,  full  costs  shall  be  allowed  thereon,  any  thing 
in  any  fornier  act  to  the  contrary  nolwithstaiidin;;. 

SixTioN  13.  And  he  it  further  endcted,  That  no  action 
or  prosecution  shall  be  maintained,  in  any  case  of  for- 
feiture or  penalty  under  this  act,  unless  the  same  shall 
have  been  coinnienced  within  two  years  after  the  cause 
of  action  shall  have  arisen. 

Section  14.  And  Ite  it  furt/ier  enacted,  That  tlie  "act 
for  the  eneoiiraLTenient  of  learnii)<_r,  bv  seenriii'.^  the  copies 
of  maps,  charts,  arid  books,  to  the  authors  and  jiroprietors 
of  such  copies  during  the  times  therein  mentioned," 
passed  May  thirtytir>f,  one  thousand  hcven  hiuidreil  and 
ninety,  an<l  the  act  Huj)plenientary  thereto,  passed  April 
twenty-ninth,  one  thousand  eii^ht  hundre<l  .ind  two,  shall 
be,  and  the  sanie  are  liereby,  repealed:  saviuLT,  always, 
huch  ri;rhlH  as  niuy  have  been  oht.iined  in  conlonnily  to 
their  provisions. 

Sk<tion  15.  Atid  hf  it  fiirflitr  enactn/^  Th.it  all  and 
several  the  provisions  of  this  act,  intended  for  the  prolcc- 


COPYRK.IIT   LAWS.  .  41 


ACT  OF   1831.    CHAP.    16,   §  16  IN  FORCB. 

tion  and  security  of  coj)yrights,  and  providing  remedies, 
penalties,  and  forieitures,  in  cases  of  violation  thereof, 
shall  he  hi'M  :iiid  construed  to  extend  to  the  hencfit  of 
the  legal  projirietor  or  proj)rietors  of  each  and  every 
copyright  heretofore  obtained,  according  to  law,  duri?ig 
the  term  thereof,  in  the  same  manner  as  if  such  copyright 
had  been  entered  and  secured  according  to  the  directions 
of  this  act. 

Section  16.  A)id  be  it  further  (uacted.  That  when- 
ever a  copyright  has  been  heretofore  obtained  by  an 
author  or  authors,  inventor,  designer,  or  engraver,  of 
any  book,  map,  chart,  print,  cut,  or  engraving,  or  by  a 
proprietor  of  the  same :  if  such  author  or  authors,  or 
either  of  them,  such  inventor,  designer,  or  engraver,  be 
living  at  the  passage  of  this  act,  then  such  author  or 
authors,  or  the  survivor  of  tliem,  such  inventor,  engraver, 
or  designer,  sh:ill  continue  to  have  the  same  exclusive 
right  to  his  boi>k,  chart,  map,  print,  cut,  or  engraving, 
with  the  benefit  of  each  and  all  the  provisions  of  this  act, 
for  the  security  thereof,  for  such  additional  period  of 
time  as  will,  together  with  the  tune  which  sliall  have 
elapsed  from  the  first  entry  of  such  copyright,  make  up 
the  term  of  twenty-eight  years,  with  the  same  right  to 
his  widow,  child,  or  children,  to  renew  the  copyright,  at 
the  expiration  thereof,  as  is  above  provided  in  relation  to 
copyrights  originally  secured  under  this  act.  And  if 
such  author  or  authors,  inventor,  designer,  or  engraver, 
shall  not  be  living  at  the  ])assage  of  this  act,  then  his  or 
their  heirs,  executors  and  administrators,  shall  be  cniiiled 
to  the  like  exclusive  enjoyment  of  said  eoj>yright,  wiih 
the  benefit  of  each  and  all  the  provisions  of  this  act  for 
the  security  thereof,  for  the  period  of  twenty-eight  years 


42  COPYKIGHT  LAWS. 


ur  roacK.  aot  or  1834,  cuap.  157,  §  1. 


from  the  fir^t  entry  of  said  copyright,  with  the  like  privi- 
lejje  of  reiu'wal  to  tlio  witlow,  chikl,  or  chihlren,  of 
author  or  authors,  designer,  inventor,  or  engraver,  as  is 
proviiled  in  rehition  to  copyrights  originally  secured 
under  this  act :  Provided,  That  this  act  shall  not  extend 
to  any  copyright  heretofore  secured,  the  tt^rm  of  which 
has  already  expired. 

Approved  February  3d,  1831. 


ACT    OF     1834,    CHAPTER     157. 
4  Statutes  at  Large,  728. 

[  Thit  Act  at  ill  in  Force.] 

An  Act  Bupplomcntary  to  the  act  to  amend  the  several 

acts  respecting  copyrights. 

Section  1.  Jic  it  enacted  hij  the  Senate  and  House  of 
Jicpre^ent'itii'ts  of' (he  United  Statts  of  Ann  ri<  a  in  Con- 
gresii  asseniUid,  That  all  deeds  or  instruments  in  writing 
for  the  transfer  or  assignment  ul"  copyrights,  being  proved 
or  acknowledgeil  in  sut-h  ni.'innc-r  as  deeds  for  the  convey- 
ance of  land  are  retjuin-d  by  law  to  bo  proved  or  ac- 
knowledged in  the  same  State  or  district,  shall  -and  may 
be  recorded  in  the  ollice  where  the  original  copyright  is 
deposited  and  recorded  ;  an«i  every  such  deed  or  instru- 
mer)t  that  shall  in  any  time  hereafter  be  made  and  exe- 
cuted, and  wliich  shall  not  be  pntved  or  acknowledged 
an<l  recorded  as  aforesiiid,  wiihin  sixty  days  aAer  its  exe- 
cution, shall  be  judged  Irau'lulent  and  void  against  any 
subsequent  purchaser  or  mortgagee  for  valuable  consider- 
ation without  notice. 


COPYRIGHT   LAWS.  43 


ACT  OF  1834,   CHAP.    157,   §§  1,  2.  IN   FORCE. 


1.  An  nssigrnmcnt  of  an  interest  in  a  copyrif^lit  must  be  in  writinp, 
to  be  valkl  and  operative;  but  an  ngrcnt'-nt  to  assign  m.iy  be  by  parol. 
GouLl  V.  Bank-;  .s  Wend..  5i;5.— N*i;i.s<ix,  J.  ;  N.  Y.,  1«:!2. 

2.  An  a.s.-<ij;nment  of  a  "  copyright"  in  general  terms  is  to  be  referred 
to  what  was  then  in  e.xistcnee,  and  not  to  any  liiturc  contin,'ency. 
It  should  not  bo  by  construction  extended  lieyond  the  (irst  term,  \nile.«s 
it  seems  to  be  so  actually  meant  by  the  author,  and  to  include  a  future 
contingencv.  PicrjtoiU  v.  Fowle,  2  Wood.  &,  Min.,  43-45. — Woodbl'UY, 
J.;  Mass..  "l84G. 

3.  Oiherwisc,  if  the  contract  of  sale  or  assig^nmcnt  uses  language 
looking  beyond  the  existing  copyrijrht,  such  as  referring  to  all  the  in- 
terest in  the  matter,  or  to  the  manuscript  or  book  itself,  or  using  sorao 
other  expression  more  comprehensive  than  the  word  '"copyright." 
Ibid ,  45. 

4.  This  statute  prescribes  only  the  instrument  by  which  they  may 
be  assigned,  and  the  mode  of  recording,  but  does  not  define  what  in- 
terest may  be  assigned.  Roberts  v.  Myers,  13  Mo.  Law  Rep.,  401. — 
Si'UAGCK,  J. ;   Mass..  ISDO. 

.').  There  is  no  sulTieicnt  reason  for  preventing  an  author  conveying 
a  distinct  portion  of  liis  right.     Jbid.,  401. 

6.  Where  an  assignment  was  of  the  exclusive  right  of  acting  and 
reprcseniing  a  certain  drama,  vithin  the  United  States  except  as  to 
certain  cities,  for  the  term  of  one  year,  Utld,  tliat  it  was  valid  under  the 
statute.     Ibid.,  -100,  401. 

7.  COKTUA. — The  statutes  of  the  United  States  for  the  protection 
of  authors  do  not,  like  those  for  the  benefit  of  inventors,  sanction 
transfers  of  limited  local  proprietorship.-?  of  exclusive  privileges 
Keene  v.  Wheatley,  9  Amer.  Law  Reg.,  4G. — Cadwall.vder,  J. ;  Pa., 
1860. 

8.  A  writing  which  is  in  form  a  transfer  by  an  author  of  his  exclu- 
sive right  for  a  designated  ])ortion  of  tlio  United  Suites  operates  at  Ino 
only  as  a  mere  license,  and  is  iueftectual  as  an  assignment.     Ibi  I.,  4t). 

9.  But  in  equity,  a  limited  local  or  other  partial  assignment,  if  made 
for  a  valuable  consideration,  is  carried  into  effect,  whether  it  would  ba 
effectual  in  law  or  not.     Ibid.,  47. 

10.  An  assignment  of  a  copyright,  although  not  recorded,  is  still 
valid  as  between  the  parties,  and  as  to  all  persons  not  claiming  under 
the  assignors.  Webb  v.  Powers,  2  Wood,  i,  Min.,  510. — Woodbury,  J. ; 
Mas-s.,  1347. 

11.  A  formal  transfer  of  a  copyright  by  this  act  is  required  to  bo 
proved  and  recorded  as  deeds  for  the  conveyance  of  land,  and  such 
record  operates  as  notice.  L.tlle  v.  Jlall,  IS  How.,  171. — McLean.  J.; 
Sup.  Ct.,  18J5. 

Section  2.  And  be  it  further  etiactcd.  That  the  clerk 
of  the  district  court  shall  be  entitled  to  such  fees,  for  per- 


44  COrVIlKillT   LAWS. 

OBSOLETE.  ACT  Of   1846,   CHAP.    118,   §  10. 

forminj;  the  services  herein  authorized  and  required,  as 
he  i.s  entitled  to  for  performing  like  services  under  e.\istr 
injj:  laws  of  the  United  States. 
Aj)proved  June  30lh,  1834. 


ACT     OF     1840,     CHAPTER     178. 
9  Statutks  at  Lai{i;e,   100. 

[ObtoUte:  RfpeaUd  by  Act  o/1859,  §  6.] 

Extract  from  an  Act  to  establish  the  "Smithsonian  Insti- 
tution, for  the  Increase  and  Ditfusion  of  Kiiowledi^o 
among  Men.'' 

Section  10.  Andl»  it /'(rf/u r  mticfcl,  Th.\i  the  author 
or  proprietor  of  any  book,  map,  chart,  nuisiral  coinpo;-i- 
tion,  print,  cut,  or  engraving,  ft)r  which  a  copyright  shall 
be  sccurc<l  under  the  existing  acts  of  Ct)ngress,  or  those 
whieh  shall  hereafter  be  enacted  respecting  copyrights^ 
^hall,  within  three  nwmths  from  the  publication  of  said 
book,  maj),  chart,  musical  conipositi<»n,  print,  cut,  or  en- 
graving, deliver,  or  cause  to  be  delivered,  one  copy  of 
the  same  to  the  librarian  of  the  Smithsoniai:  IiiHtilution, 
and  one  copy  to  the  lihrarian  of  Congress  Library,  for 
the  UJ»e  of  the  said  libraries. 
Approved  August  10,  1H46. 

1  TliiH  n<H  <li<l  iK.t  tnako  tho  d  livery  or  oopioH  of  n  work  to  tho 
lihrarian  of  tlio  SmilhMHiiaii  IiiHliliilion,  nnd  to  tlio  lihrari.tn  of  tho 
C<>\mrvhH  IJlirur,,  n  ijror<qiii-iU<  U)  a  tillo  to  a  eojiyriirlil  for  tlu-  work. 
Joliif  V.  Jiiinm,  l  HUt-df,  O'JO -0J2.— Nelsos,  J.;  N.  Y,  ISiO. 

2.  The  duty  waH  oiijoiiK-d  only  upon  lho>««  who  )i:iv<»  alrrmly  ac- 
quired tlio  riKht,  Bod  uo  foffviluro  wtui  doclarud  lu  comc  of  a  iioa-com- 
plioooc.     Ibid^  021. 


COPYRIGni  LAWS.  45 


ACT  OP   1856,   CIIAP.   169.  IX   FOnCE. 


ACT     OF     185G,     CHAPTER     169. 
11  Statutes  at  Large,  138. 

[TJiis  Act  still  in  Force] 

An  Act  supplemental  to  an  act  entitled  "An  act  to 
amend  the  several  act3  respecting  copyright,"  ap- 
proved February  third,  eighteen  hundred  and  thirty- 
one. 

JBe  it  enacted  by  the  Senate  and  House  of  Representa- 
tives of  the  United  States  of  America  in  Congress  as- 
sembled: Any  copyright  hereafter  granted  under  the 
laws  of  the  United  Stales  to  the  author  or  proprietor  of 
any  dramatic  composition,  designed  or  suited  fur  public 
representation,  shall  be  deemed  and  taken  to  confer  upon 
the  said  author  or  proprietor,  his  heirs  or  assigns,  along 
with  the  sole  right  to  print  and  jniblish  the  said  composi- 
tion, the  sole  right  also  to  act,  perform  or  represent  the 
same,  or  cause  it  to  be  acted,  performed  or  represented, 
on  any  stage  or  public  place,  during  the  whole  period  for 
which  the  cop\  riglit  is  obtained  ;  and  any  manager,  actor, 
or  other  person  acting,  performing  or  representing  the 
said  composition,  without  or  against  the  consent  of  the 
said  author  or  proprietor,  his  heirs  or  assigns,  shall  be 
liable  for  damages,  to  be  sued  for  and  recovered  by  action 
on  the  case  or  other  equivalent  remedy,  with  costs  of  suit 
in  any  court  of  the  United  States,  such  damages  in  all 
cases  to  be  rated  and  assessed  at  such  sum  not  less  than 
one  hundred  dollars  for  the  first,  and  fifty  dollars  for 
every  subsequent  performance,  as  to  the  court  having 
cognizance  thereof  shall  appear  to  be  just : 


4«  COPYBICnT  LAWS. 

Uf  rOBCB.  ACT  or  186G,  CUAP.    1G9. 

Provhhd  ni'rerl/iflcss,  Th:it  nolhing  luTciii  enacted 
BhriU  impair  any  right  to  act,  pcMlbrni  or  reprt-si'iit  a  dra- 
matic compbsiiion  as  aforesaid,  -which  right  may  have 
been  acquired,  or  shall  in  future  be  acquired  by  any  mana- 
ger, actor  or  other  person  previous  to  the  securing  of  the 
coj)yright  for  the  said  composition,  or  to  restrict  in  any 
way  the  right  of  such  author  to  process  in  equity  in  any 
court  of  the  United  States  for  the  better  and  further  en- 
forcement of  his  rights. 

Approved  August  18th,  ISftG. 

1.  Tlic  act  of  ISjG  was  passed  to  give  to  the  nuthors  of  dramatic 
compositions  the  oxchisivc  rijjht  of  nctin*;  and  rcprct^cnlintj,  which  tlicj 
did  not  enjoy  under  the  previous  sUitutes.  Robtrts  v.  JJiyrra,  13  Mo. 
Law  Kep.,  31)7. — SphaOLE,  J.;   Mass.,  ISiJO. 

2.  It  assumes  the  doctrine  that  rcpreHctitation  is  not  publication. 
Tlio  prior  acta  secured  to  authors  the  exclusive  rijjlit  of  printiufj  and 
publieation ;  and  it  was  only  lieoiuso  publicalion  did  not  embrace  ail- 
ing  or  representatiou  that  this  act  was  passed,  superadding  tliat  oiclu- 
■ivo  right  to  those  prcvimisly  enjoyed.     Jbid.,  .T.i7. 

3.  Tlie  previous  acting  or  npresonting  a  play  will  not  deprive  tho 
author  of  the  right  to  afterward  take  out  a  copyright.     Jbid,  3ti7. 

4.  .\n  assignee  of  the  exclusive  right  of  acting  and  representing  a 
drama  in  ccrtitiu  places,  may  maintain  an  action  in  his  own  name,  even 
■fUT  a  rcpnsi'ntation  by  him,  for  an  injunction  to  j)revent  it.s  being 
represented  by  another  within  surh  places.      Ibid,  400,  -lol. 

6.  And  MK-li  uclioii  mar  bo  maintaini-il  although  tho  author  or  as- 
■igne«  hns  only  tilud  his  titlo-i>ag<>,  and  has  not  publi.shed  liie  work  or 
phiy.     Jbul.,  ioi.    (Co.sTlu,  ;w><.  H.) 

0.  A  l<>gi!dnlivo  eiiacimcnt  securing  gronernlly  to  literary  proprietors 
a  copyright  for  n  linutod  |iori(Hl,  but  cunlaining  no  sp<>ci(d  provision  as 
to  Ihcatrical  repr«<ieiitation,  does  not,  in  tlio  case  of  u  dramatic  lit^'rary 
C'mp'jsiliott,  ui(-lu<lc  the  sole  right  of  n-prrsenting  it.  Krene  v.  Wheat- 
ley.  'J  Amer    Law  lli-g..  Ai. — f)  vkwai.I, \I)K.ii,  .1.;    I'a..  lK(;o. 

7.  Tho  only  ml  which  iifr.>rds  reilress  for  unauthoriwd  theatriral 
rcpre«ent.iliun<  ia  tin-  a/t  of  IHih  August,  iH.'ii;;  but  this  only  applies 
U»  cjucf  in  which  copyright  is  effectually  Hccured  under  tho  act  of  1831. 
Jbid.,  4'.. 

8.  But  under  this  a^'t,  an  assignee  of  a  dramatic  composition  c.innot 
maintain  an  anion  for  it^  unauthori/.cd  r<pres  -ntation  by  others,  unless 
ho  has  performed  nU  the  acts  rerpiircd  by  l.nw  to  secure  a  copyright, 
iiicludin){  the  dopo.sit  of  a  ;>f  in<c<i  co|iy.     Ibid..,  \tt,  40. 


COPYRIGHT  LAWS.  47 

ACT  OF   1859,   CHAP.  22,   §§  6,  8.  n  rOBCE. 

ACT    OF    1859,   CHAPTER    22. 
11  Statutes  at  Large,  380. 

[This  Act  still  in  Force.] 

Extract  from  an  Act  entitled,  "An  act  for  keeping  and 

distributing  all  public  documents." 

Section  6.  [Repealing  act  of  1846,  §  10.]  And  be  it 
further  enacted,  That  the  tenth  section  of  an  act  entitled, 
"An  act  to  establish  the  Smithsonian  Institution  for  the 
increase  and  diffusion  of  knowledge  among  men,"  ap- 
proved August  10th,  184G,  is  hereby  repealed. 

Section  8.  And  be  it  further  enacted.  That  all  books, 
maps,  charts,  and  other  publications  of  every  nature 
whatever,  heretofore  dejiosited  in  the  Department  of 
State,  according  to  the  laws  regulating  copyrights,  to- 
gether with  all  the  records  of  the  Department  of  State, 
in  regard  to  the  same,  shall  be  removed  to,  and  be  under 
the  control  of  the  Di-partment  of  the  Interior,  which  is 
liereby  charged  with  all  the  duties  connected  with  the 
same,  and  with  all  matters  pertaining  to  copyright,  in 
the  same  manner  and  to  the  same  extent  that  the  Depart- 
ment of  State  is  now  charged  with  the  same ;  and  here- 
after all  such  publications  of  every  nature  whatever  shall, 
under  present  laws  and  regulations,  be  left  with  and  kept 
by  him. 

Approved  February  5th,  1859. 


48  COPYRIGUT  LAWS. 


a  roBCK.  ACT  or  1861,  chap.  37. 


ACT    OF    1801,    CHAPTER    37. 

12  Statutes  at  Large,  130. 

[This  Act  still  in  Force.] 

An  Act  to  cxten<l  the  right  of  appeal  from  the  deri-^ions 

of  circuit  courts  to  thu  Supnine  Court  of  the  United 

States. 

Be  it  enacted  b>/  the  iiinate  and  House  of  Jirpresrnt- 
atives  of  the  United  States  of  Anurica  in  Comjnss 
assembled.  That  from  all  jiKlgments  and  decrees  of  any 
circuit  court  rendered  in  any  art  ion,  suit,  controversy, 
or  case,  at  law  or  in  equity,  arising  under  any  law  of  the 
United  States  granting  or  confirming  authors  the  ex- 
clusive right  to  their  respective  writings,  or  to  inventors 
the  exclusive  right  to  their  inventions  or  discoveries,  a 
writ  of  error  or  appeal,  as  the  c:isc  may  require,  shall  lie, 
at  the  instance  of  either  party,  to  the  Supreme  Court  of 
the  United  Slates,  in  the  same  manner  and  under  tho 
same  circumstances  as  is  now  provided  by  law  in  other 
judgments  an<l  decrees  of  such  circuit  courts,  without 
regard  to  the  sum  or  value  in  controversy  in  the  action. 
Approved  February  18th,  18(31. 

ACT    OF    1805,    CHAI'TKK    120. 

13  Stati:tks  at  Laih;k,  fi40. 

[Thin  Act  it  ill  in  Forc^.] 

An  Act  sup[ilrmenl:il  to  jiti  act  entitle<l  "  An  net  to  amend 
the  Hcvcral  acts  respecting  copyright,"  approve«l  Feb- 
ruary 3d,  1«.'«1,  nnd  to  the  acts  in  addition  thereto  and 
vnendmcnt  thereof. 


COPYRIGHT   LAWS.  49 


ACT  OP  18G5,  CHAP.  126,  §§  1-4.  nf  roECE. 

Section  1.  Be  it  cnnotcd  by  the  Senate  and  House  of 
Representatives  of  t fie  United  States  of  America  in  Con- 
gress assembled,  That  the  provisions  of  said  acts  shall  ex- 
tend to  and  include  photographs  and  negatives  thereof 
whioli  shall  hereafter  be  made,  and  shall  inure  to  the 
benefit  of  the  authors  of  the  same,  in  the  same  manner 
and  to  the  same  extent,  and  upon  the  same  conditions,  as 
to  the  authors  of  prints  and  engravings. 

Section'  2.  And  be  it  further  enacted,  That  a  printed 
copy  of  every  book,  pamphlet,  map,  chart,  musical  com- 
position, print,  engraving,  or  photograph,  for  which  a 
copyright  shall  be  secured  under  said  acts,  shall  be  trans- 
mitted free  of  postage  or  other  expense,  by  the  author  or 
proprietor  thereof,  within  one  month  of  the  date  of  publi- 
cation, to  the  Library  of  Congress,  at  Washington,  for  the 
use  of  said  library,  and  the  Librarian  of  Congress  is  here- 
by required  to  give  a  receipt  in  writing  for  the  same. 

Section  3.  And  be  it  further  enacted,  Tliat  if  any 
proprietor  of  a  book,  pamphlet,  map,  chart,  musical 
composition,  print,  engraving,  or  photograph,  for  which 
a  coppight  shall  be  secured  as  aforesaid,  shall  neglect 
to  deUver  the  same,  pursuant  to  the  requirements  of  this 
act,  it  shall  be  the  duty  of  the  Librarian  of  Congress  to 
make  demand  thereof  in  writing  at  any  time  within 
twelve  months  after  the  publication  thereof ;  and  in 
default  of  a  delivery  thereof  within  one  month  after  the 
demand  shall  have  been  made,  the  right  of  exclusive 
publication  secured  to  such  proprietor  under  the  acts  of 
Congress  respecting  copyright  shall  be  forfeited. 

Section  4.  And  be  it  further  enacted,  That  in  the 
construction  of  this  act  the  word  "  book "  shall  be  con- 
strued   to   mean  every  volume  and   part  of  a  volume, 
3 


CO  COPYRIGHT  LAWS. 

n<  rOBCB.  AOT  OP   1865,   CHAP.    126,   §   4. 

top:cthcr  with  all  mapf,  prints,  or  otKcr  enpravings 
beloii'^ing  thereto ;  and  sliall  inchide  a  copy  of  any 
second  or  subseqrtent  edition  whicli  shall  be  publi>hcd 
with  any  additioi\,s,  whether  the  first  edition  of  such 
book  shall  have  been  published  before  or  after  the  pass- 
ing of  this  act  :  J*rovi(l<:d^  hoicever,  That  it  shall  not  be 
requisite  to  deliver  to  the  said  library  any  copy  of  the 
second  or  any  subsequent  edition  of  any  book,  unless 
the  same  shall  contain  additions  as  aforesaid,  nor  of  any 
book  which  is  not  the  subject  of  coj)yright. 
Approved  March  3d,  18C5. 


FORMS 

UNDER  THE  COPYRIGHT  ACTS. 


1.  Agreemext  to  sell  Mantscript  axd  Copyright  of  book. 

2.  Agrkeue.nt  to  enlarge  a  second  edition  or  A  book. 

3.  Assignment  of  Copyright  for  original  term. 

4.  Assignment  of  Copyright  for  original  and  renewed  terms. 
6.  License  to  print  on'e  edition  of  a  book. 

6.  Assignment  of  right  to  perform   Dramatic  Composition  for 
spkcified  tlue  and  places. 


1.   Agreement  to  sell  the  Manuscript  and   Copt- 
rigut  of  a  book. 

Agreement,  made  and  entered  into  this  first  day  of  .Tanuarv, 
1860,  by  and  between  James  Smith,  of  Pouf^hkeepsie,  State  of 
New  York,  of  tlie  one  i)art,  and  Charles  Scribner,  of  New  York 
City.  State  aforesaid,  of  the  otlier  part: 

Whereas,  the  said  James  Smitii  lias  composed  or  compiled  a 
■work  called  the  "Flowers  of  Poesy," 

Now  this  af^reement  witnesseth  tliat  the  said  party  of  the  first 
part,  for  and  in  consideration  of  thesnm  of  five  hundred  dollars, 
to  be  paid  as  hereinafter  mentioned,  and  otiier  good  and  valu- 
able considerations  herein  named,  has  agreed  to  sell,  and  does 
hereby  sell,  to  the  said  ])arty  of  the  second  part,  his  heirs,  ex- 
ecutors, administrators,  and  assigns,  the  manuscript  copy  of  the 
said  book,  including  a  full  and  complete  Index  thereto.  And 
the  said  party  of  the  first  part  also  agrees  to  e.xainine  and  cor- 
rect the  proof-sheets  of  said  work  as  they  shall  be  furnished  by 
said  party  of  the  second  part. 

The  said  party  of  the  second  part,  for  himself  his  lieirs,  exec- 
utors, adnuuistrators,  and  a.ssigns,  agrees  to  pay  to  the  said 
party  of  the  first  Jfurt,  his  executors,  administrators,  or  assigns, 
the  said  sum  of  five  hundred  dollars  in  manner  following:  One 
hundred  dollars  on  the  execution  of  this  contract ;  two  hundred 
dollars  when  the  Index  shall  be  ready  for  the  printer ;  and  tho 


56  FORMS   UNDER  THE  COPYRIGHT  ACTS. 


AOREEUENT  TO   ENLARGE   A   SECOND   EDITION   OF   A   BOOK. 


balance  when  the  proof-sheets  shall  all  have  been  examined  and 
corret-ted  nnd  fiirnij^hod  to  tlie  printer.  8aiil  party  of  the  sec- 
ond i)art  also  njirc-es  to  liirnisli  tlio  whole  uf  said  proof-^ijiects  to 
said  j)arty  of  the  Hrst  part  within  three  inontlis  after  the  deliv- 
ery of  tlii'  manuscript;  and  further  agrees  to  furnish  and  deliver 
to" said  party  of  the  tirst  part,  free  of  cost,  fifteen  bound  co\nea 
of  said  wuric  within  three  months  after  lie,  said  party  of  the  tirst 
part,  shall  have  comi»leted  his  labors  on  said  work. 

Tlie  said  jiarty  of  the  seeond  part,  his  heirs  and  assigns,  are 
to  have  the  exclusive  rijrbt  to  take  out  and  own  the  copyri^'ht 
of  such  work,  and  any  renewals  of  such  copyright  authorized 
by.  law. 

It  is  further  aprccd,  that  in  caf»e  said  book  shall  not  make 
three  hundred  pa^'es  of  the  size  and  style  of  the  pages  of  a  work 
known  as  "Pearls  of  Poetry,"  then  and  in  such  case  said  party 
of  the  first  part  i^  to  receive,  and  the  said  party  of  the  second 
part  is  to  ]iay,  a  sum  bearint?  sudi  i)roportion  to  the  sum  of  five 
hundred  dollars  as  the  number  of  paj:es  furnished  bears  to  three 
hundred  ;  but  in  ca.se  the  said  work  shall  contain  more  than 
three  hundred  pages,  the  sum  to  bo  paid  therefor  sliall  not  be 
increased. 

In  witness  whereof,  the  said  parties  have  hereunto  set  their 

hands  and  seals,  the  day  an«l  year  tirst  above  written. 
Sealed  and  delivered  >  JAMICS  SMITH.  [l.  8.] 

in  presence  of        \  CUAKLES  SCiilBNER.  [l.  8.) 

Jons  Smith,  

Jamej  liuow.v.  :    «><:«"     : 

:     l.liT.    UUT. 


2.    AcnEEMEXT    TO    EXLAIIGE    A    SeCONU    Ei>ITIOX    OF    ▲ 
UOUK,    AND    COUKECT    mOOF    OF    TIIK    bAME. 

This  npreemcnt,  made  the  eighth  day  of  .January,  ISOrt,  by 
and  between  James  yuiith.  of  Poughkeepsie,  Now  York,  of  the 
firnt  i>art,  and  ChBries  Scribiier,  of  New  York  City,  of  the  sec- 
ond part,  witneH-.<!th  : 

That  tb«'  H.'iiil  Jame*  Smith,  for  and  in  consideration  of  tliree 
hundred  dolbiri.  and  other  consideration  herein  named,  agrees 
to  examine,  correct,  and  eidargo  tlie  work  known  as  "Flowers 
of  Po««y."  to  furnith  additional  manuscript  matter  for  the  sec- 
ond edition  of  the  work,  and  to  c.nlarije  the  Index  and  make  it 
full  aud  cuinplcto. 


FORMS   UNDER  THE  COPYRIGHT  ACT3.         57 

ASSIQXMENT   OF   COPYRIGHT   FOU  OEIGIXAL  TERM. 

It  is  understood  and  ajjreed  that  tlie  new  edition  of  the  work 
shall  be  of  the  same  sized  pape  as  the  present  work,  and  contain 
an  e<inal  amount  of  matter  t)n  each  pajie,  and  that  the  additional 
matter  furnished  shall  enlarge  the  work  not  less  than  one  hun- 
dred pages,  and  shall  be  furnished  to  the  said  Charles  Scribner 
at  not  less  than  twenty  pages  per  day  (one  hundred  and  twenty 
pages  per  week),  commencinc  on  the  twentieth  instant. 

And  the  said  James  Smith  is  to  examine  and  to  correct  the 
proof-sheets  as  fast  as  they  shall  be  furnished,  and  to  complete 
the  Index  as  soon  as  may  be,  after  the  whole  signatures  of  the 
text  shall  be  ready  for  him  for  that  purpose. 

And  the  said  Charles  Scribner,  on  his  part,  agrees  to  print 
the  said  work  as  the  matter  shall  bo  furnished,  to  furnish  the 
said  James  Smith  a  copy  of  the  work,  by  signatures,  as  each 
signature  shall  be  worked  otf,  for  the  purpose  of  arranging  the 
Index  ;  to  furnish  the  said  James  Smith  fifty  bound  copies  of  the 
work,  as  soon  as  they  can  be  conveniently  finished,  and  to  pay 
the  said  James  Smith  the  sum  of  three  hundred  dollars  on  the 
day  the  last  proof-sheet  is  corrected  for  the  press. 

The  said  Charles  Scribner  is  to  take  out  and  secure  a  copy- 
right of  said  work  ;  and  tiie  said  James  Smith,  on  the  comple- 
tion of  the  work,  i-;  to  execute  and  deliver  to  the  said  Charles 
Scribner,  his  heirs  and  assigns,  forever,  an  assignment  of  all  his 
right  and  title  and  interest  in  and  to  the  said  work. 

iu  witness  whereof,  the  said  parties  liave  hereunto  set  their 
Lauds  and  seals,  the  day  and  year  above  written. 

JAMES  SMITH.  [l.  s.] 

In  presence  of  CHARLES  SCRIBNER.  [i,.  a.] 

Joiix  Smith, 
James  Brown.  :    5  ce5t 

:     INT.    RKV.     1^ 
:         STAMP. 


3.    ASSIGXMENT    OF    COPTBIGHT   FOR    ORIGIX.U.   TERM. 

Indenture,  made  this  first  day  of  January,  1860,  between 
James  Smith,  of  Poughkeepsie,  State  of  New  York,  of  the  one 
part,  and  Charles  Scribner,  of  the  City  of  New  York,  State 
aforesaid,  of  the  other  part. 

W/iere(7s,  the  said  James  Smith  has  written  and  compiled  a 
t)ook,  entitled  "  Flowers  of  Poesy,"  for  which  he  took  out  copy- 
right in  the  Southern  District  of  New  York,  on  the  first  day  of 
August,  A.  D.  1859 : 
3* 


5S  FORMS   UNDER   THE   COPYRIGHT   ACTS. 


ASSIOKUEKT  OF  COPTRIQUT  FOB  ORIQINAL  TXRIC. 

Now  this  iudenture  witnessetli,  that  the  said  James  Smith, 
for  and  in  consideration  of  tlie  sum  of  one  thousand  dollars,  to 
him  in  liand  paid  by  the  said  Ciiarlos  Scribiior.  the  receipt 
whereof  is  hereby  acknowledyed.  lias  bar}:ained,  sold,  and  as- 
pi;.'nfd,  and  by  these  presents  does  barpiin,  sell,  and  assign, 
unto  tlie  said  Ciiarles  Scribiier,  all  the  said  book,  and  all  liis 
cupyrigiit,  title,  interest,  pn>|terty,  claim,  and  demand  of,  in, 
aii<l  to  the  same,  to  have  and  to  hold  tlie  said  book,  copyright, 
and  all  the  profit,  benelit,  ami  advantage  that  shall  or  niay  arise, 
by  and  from  jirinting.  reprinting,  i)ui>Iishing.  and  vending  the 
same:  Provided,  nevertheless,  and  these  presents  are  upon  tiiis 
express  condition,  that  the  number  of  copies  to  be  printed  ou 
the  first,  and  each  and  every  other  edition  or  imi)ression  of  the 
said  book,  sliall  not  exceed  one  thousand  ;  and  that  the  said 
Charles  Scribner  sliall  and  will  pay  unto  the  said  James  Smith 
the  further  sum  and  sums  of  one  hundred  dollars  for,  at,  and 
upon  the  reprinting  or  making  a  second,  and  each  and  every 
other  future  and  further  edition  or  impression  that  shall  or  may 
be  made  of  the  said  book,  f«>r  and  towards  a  further  reward  and 
batisfa<-tion  to  the  said  James  Sinilli,  for  his  writing  and  com- 
Itiling  the  same.  The  said  itaynieiits  sliall  be  made  bet'ore  the 
publication  of  the  said  several  impressions  or  editions  (after  the 
lirst)  and  sale  of  the  wime,  or  any  part  thereof,  by  the  said 
Charles  Scribner,  or  by  any  otlicr  person  or  jiersons,  by,  for,  or 
under  him.  And  the  said  Charles  Scribner  doth  covenant, 
])romi>»e,  and  agree,  to  and  witli  the  said  James  Smitli,  that  he, 
tiio  .said  Cliarles  Scribner,  shall  and  will  pay,  or  cause  to  be 
paid,  to  the  said  James  Smith,  the  said  respective  sum  and  sums 
of  one  hundred  dollars,  at  and  u|>on  tiie  reprinting,  and  before 
the  i)nblication  and  sale  of  the  said  second  and  every  other 
future  and  further  edition  and  iinpression  that  shall  and  may  bo 
made  of  the  Haiti  book,  according  to  the  [irovi.so  aforesaitl,  and 
the  true  intent  and  tneaning  of  these  presents.  Ami  to  the  ful- 
filment of  the  covenants  herein  contained,  the  parties  bind  tiieir 
rctpcrtive  executors,  administrators,  and  assign<»,  a.H  well  as 
theimwlveM. 

Ill  witnetid  %vhereof,  the  Haid  parties  have  hereunto  set  tlieir 

hands  and  heals,  tiio  day  ami  year  first  above  written. 
Sealed  and  delivered  f  J.VMES  SMITH.  [l.  b.I 

iu  presence  of       (  CHARLES  SCRIBNER.  [l.  8.] 

Joiis  Smith, 

J  A  MM   Bitow.v. 


FORMS   UNDEPw   THE   COPYRIGHT   ACTS.  69 


▲ssigkmekt  of  copyright  fou  original  and  renewed  terms. 

State  of  New  York,  \ 

City  and  Colxty  of  New  York.  )  '*' 

On  tliis  first  day  of  January,  1860,  personally  appeared  James 

Siiiitli  and  Cliarles  Scribner,  to  nie  known  to  be  tlie  individnals 

descrilyfd  in  and   who  executed  the  fore^j^oing  instruin-enl,  and 

severally  acknowledi;cd   that  they   executed   the  same  lor   tlio 

l)Uri)oses  therein  mentioned. 

JAMES  BROWN", 

:    5  CKNT    :  Notary  Public. 

:  INT.  REV.  : 

BTAMI*. 


4.  AssiGNME>ri'  OF  Copyright  fou  original  and 

REXEWED   TERMS. 

Indenture,  made  this  first  day  of  May,  1864,  between  Jainen 
Smith,  of  Poui5hkoep.sie,  State  of  New  York,  of  the  one  part, 
and  Cliarles  S';ribner.  of  the  City  and  State  of  New  York. 

Whereas,  tiie  said  James  Smith  has  written  and  composed  a 
book,  entitled  'Tlovers  of  Poesy,'' 

Now  this  indenture  witnesseth,  that  the  said  James  Smith, 
for  and  in  consideration  of  tiie  sum  of  five  luindred  dollars,  to 
him  in  hand  paid  by  said  Charles  Scribner.  the  receipt  of  which 
is  hereby  acknowledged,  has  bargained,  sold,  and  as.signed,  and 
by  these  presents  does  bargain,  .>iell,  and  assign  unto  the  said 
Charles  Scribner,  his  heirs,  executors,  administrators,  and  as- 
signs, all  the  said  book,  and  the  manuscript  thereof,  and  all  his 
riglit,  title,  and  interest,  property,  claim,  and  demand,  of  ev'.-ry 
kind  and  nature  whatsoever,  of,  in,  and  to  the  same,  and  in  any 
and  all  copyrights,  and  any  and  all  renewals  thereof,  which  may 
or  can  be  had.  or  seoureu,  or  taken,  in  respect  to  said  book  or 
manuscript,  under  and  by  virtue  of  any  acts  of  Congress,  with 
any  and  all  profit,  benefit,  and  advantage  that  shall  or  may 
arise  by  or  from  printing,  publishing,  or  vending  the  same, 
during  the  original  or  renewed  terms  of  any  sucli  copyright. 
To  have  and  to  hold  the  same  to  the  said  Charles  Scribner,  his 
heirs,  executors,  administrators,  and  assigns  forever. 

And  the  said  James  Smith  agrees  to  examine  and  correct  the 
proof-sheets  of  said  work,  as  fast  as  they  sliall  be  furnished,  and 
to  make  and  complete  a  full  and  correct  Index  theretor.  as  soon 
as  may  be  after  all  the  signatures  of  the  text  shall  be  furnished 
for  that  purpose. 


60  FORMS   UN'DER   THE   COPYRIGHT   ACTS. 

LICENSE   TO   PRINT  ONE  EDITION   OP   A   BOOK. 

And  the  said  Charlcf  Scribner,  for  himself,  his  heirs,  execu- 
tors, administrators,  and  assigns,  covenants  and  atfroes  to  fiir- 
nisli  and  dclivL-r,  free  of  cost,  to  said  James  Smitli.  twenty-fivo 
hound  copies  of  said  work,  within  three  iiiuDths  after  tlie  said 
Index  sliall  or  may  he  completed. 

In  witness  whereof,  the  said  parties  have  hereunto  set  their 
hands  and  seals,  tlie  day  and  year  first  above  written. 
Scaled  and  delivered  )  JAMES  SMITH.  [us.] 

in  presence  of        \  CiiAKLES  SCKIBNER.  [l.  8.] 

John  Dok, 
RiciiAUD  Roe. 

Acknowledgment,  as  in  No.  3. 


5.  License  to  rRi.vT  one  edition  of  a  book. 

Indenture,  made  this  first  day  of  January,  ISfiO,  by  and  be- 
tween James  Smitli,  of  I'oup'ikeepsie.  New  York,  of  the  first 
p&n,  and  Charles  Scribner,  of  the  City  of  New  York,  Slate 
ttforesiiid,  of  the  second  part. 

Wftfreaa,  tlie  said  James  Smith  has  in  preparation  a  work,  to 
be  called  the  "  Flowers  of  Poesy," 

Now  this  itidenture  wittiesseth,  that  the  said  James  Smith, 
foi  the  consideration  hereinafter  expressed,  does  hereby  author- 
ize and  allow  the  said  Charles  Scribner  to  j)rint,  publish,  and 
»ell  an  edition  of  one  thousaml  copies  of  said  work,  the  said 
James  .Smith  hereby  rescrvini^  to  himself  the  general  cojiyrij^ht 
iu  said  work. 

And  the  said  James  Smith,  in  consideration  of  the  paytnents 
licreina(\er  nj^reed  and  covenanted  to  be  made  by  said  Charles 
Scribner,  doth  hereby  covenant  and  nRree,  to  and  with  the  said 
Charles  .Seribmr,  that  ho  will  furnish  to  the  f>rinter,  to  bo  em- 
ployed by  him,  fair  copy  of  the  said  work,  and  will  superintend 
the  printiiiir,  and  correct  the  i)roofs  thereof,  in  the  usual  man- 
ner; and  that  he  will  take  out  of  tin-  clerk's  office  of  the  Dis- 
trict Court  of  the  Fnited  States  for  the  Southern  District  of 
New  York  the  usual  ovidonees  of  copyrijfht,  for  the  protection 
of  said  work,  and  will  not  authori/.e  any  person  to  print,  pub- 
lish, or  Hell,  and  will  not  print,  publish,  or  sell  himself,  any 
other  copies  until  the  whole  of  »ai<l  one  thousand  copies  have 
l)oen  diHpos<><l  of  by  Raid  ("harics  Scribner;  l*rovi<l«(l,  said  one 
thousand  copies  are  sold  within  tlvu  years  from  the  date  hereof. 


FORMS    LNDKli  THE   COrYRIGni   ACTS.  CI 

ASSIGNMENT  OP   RIGHT  TO   PERFORM   DRAMATIC   COMPOSITION. 

And  the  saiil  Charles  Scribnor,  in  consideration  of  the  afore- 
said autliority  and  a^^ri-eniont,  does  liereby  covenant  and  agree, 
to  and  with  said  Janits  Sniitli,  that  he  will  pay  him,  the  said 
James  Sniitii,  the  sum  of  twenty  cents  for  eacli  and  every  copy 
of  the  said  one  thousand  copies,  i)ayahle  semi-annually,  as  fast 
as  the  said  copies  shall  be  sold  or  otherwise  disposed  oi]  he 
rendering  to  the  said  James  Smith  an  account  of  sales  of  said 
work,  at  the  expiration  of  si.x  months  from  the  day  of  the  first 
publication,  until  the  whole  shall  be  sold,  and  that  lie  will 
also  pive  to  the  said  James  Smith  fifty  copies  of  said  work, 
handsomely  bound,  free  of  charge,  as  soon  as  conveniently  may 
be  done,  after  the  manuscript  copy  has  been  furnished  by  the 
said  James  Smith. 

And  the  said  Charles  Scribner,  in  consideration,  also,  of  tho 
aforesaid  authority  and  agreement,  does  further  covenant  and 
agree,  to  and  with  said  James  Smith,  that  he  will  not  print, 
publish,  or  sell  any  more  than  tiie  said  one  thousand  coines,  un- 
til autliorized  by  said  James  Smitli,  or  his  legal  representatives, 
in  writing;  it  being  understo(»d  that  the  license  herein  contained 
extends  only  to  one  edition  of  the  number  above  specified. 
In  witness  whereof,  the  said  parties  have  hereunto  set  their 

hands  and  seals,  the  day  and  year  first  above  written. 
Sealed  and  delivered  /  JAMES  SMITH.  [l.  s.] 

in  presence  of        (  CUAKLES  SCKIBNER.   [l.  s.j 

John  Smitu, 

Ja.mes  Buown. 

Acknowledgment,  as  in  No.  3. 


6.  Assignment  of  right  to  perform  Dramatic  Com- 
position  FOR   specified   TIME   AND   PLACES. 

Know  all  men  by  these  presents :  That  for  and  in  considera- 
tion of  the  sum  of  one  thousand  dollars,  to  be  paid  as  herein- 
after mentioned,  I,  Dion  Hourcii'ault,  of  the  City  and  County  of 
New  York,  have  sold,  assigned,  transferred  and  set  over,  and  by 
these  presents  do  hereby  sell,  assign,  transt'er  and  set  over,  unto 
George  Roberts,  of  the  State  of  Connecticut,  for  the  term  of 
one  year  I'roin  the  date  hereof,  the  right,  privilege,  and  license 
of  acting,  performing  and  reprasenting.  ami  of  permitting  to  be 
acted,  performed  and  represented,  my  play  in  five  acts  entitled 


62  FORMS   UNDEU   THE   COPYRIGHT   ACTS. 


ASSIGNIIBNT   OF   RIOHT  TO  PERFOIUI    DRAMATIC   OOUPOSITION. 

'The  Octoroon,  or  Life  in  Lonisijina,"  in  all  cities  in  the  United 
States  and  Ciinridas.  exccptinp,  however,  the  cities  of  Boston, 
New  York,  IMiiliitleli>hi:i,  Charleston.  Mobile,  and  New  C)rlean3. 
To  have  and  to  ln-ld  the  same  to  said  tleor^jo  Roberts,  his  exec- 
utors and  administrators,  together  witli  all  the  rights  and  privi- 
hges  granted  and  secured  to  me  under  the  acts  of  Congress  for 
the  i>rotection  of  my  cojiyright  of  said  play  for  the  j)eriod  and 
places  aforesaid.  Said  sum  of  one  thousand  dollars  to  be  paid 
as  follows,  to  wit :  six  huiulrod  and  tifty  dollars  at  the  date  of 
the-^*.-  presents  and  delivery  of  the  manuscript  of  said  pluy  to 
said  Roberts;  the  further  sum  of  one  hundred  and  tifty  dollars 
on  the  fifteenth  day  of  February  next,  and  the  further  sum  of 
two  hundred  dollars  on  the  thirtieth  day  of  March  next.  But 
it  is  nevertheless  expressly  understood  and  agreed,  inasmuch  as 
I  am  in  negotiation  with  the  managers  of  the  Cincinnati  Theatre 
for  the  sale  of  the  license  to  perform  and  represent  sai<l  play  in 
Buch  City  of  Cincinnati,  that  1  am  at  lil)erty  to  conclude  said 
Bale,  and  in  such  event  I  am  to  credit  the  amounts  I  shall  re- 
ceive tiierefor  towards  the  two  payments  above  mentioned  to  be 
made  on  the  fifteenth  day  of  February  and  thirtieth  day  of 
March  next  by  said  Roberts  to  me. 

In  witness  whereof,  I  have  hereunto  set  my  liand  and  seal, 
this  thirtieth  day  of  December,  in  the  year  one  thousand  eight 
hundred  an<l  fiftv-nino. 

In  presence  of  DION  BOURCICAULT.  [l.  b.] 

L.     RlTKIV, 
Wm.    DtXEY. 

Acknowledgment,  as  in  No.  3. 

This  ajisigntnoDt  held  valid  in  Roberta  v.  Meyers,  13  Ma  Law  Bop., 
396— SruAOCC,  J.;  Mass.,  18C0. 


INDEX 

TO 

COPTKIGIIT    LAWS. 


Bcferences  thus  (*)  ar«  tu  tections ;   otherwise,  to  note*. 


A. 

ACTIO>fS   IM  RESPECT  TO  COPYUIGIITS-  '■^<^"  *"• 

U.  S.  C  ir.  Courts  liavc  original  cognizance  of 24 

redress  or  relief  not  extended  to  new  cases 25  3 

injunctions  allowed  in  equity  suit? 24 

equity  jurisdiction  conferred  solely  by  act  of  1819. . .  25  1 

equity  jurisdiction  does  not  extend  to  forfeitures. ...  25  2 

when  injunction  not  asked  for,  redress  is  at  law. ...  25  8 

citizenship  of  parties  immaterial 25  6 

jurisdiction  of  State  courts,  when  not  taken  away. . .  25  5 

general  issue  pleadable  in 39  *10 

special  matter  may  be  given  in  evidence  under 3D  *10 

full  costs  allowed  in 40  *12 

for  forfeitures  and  penalties,  when  to  be  brought  ...  40  *13 

appeal;:,  or  writ  of  error  in 48 

for  printing  copy  of  book 33  *6 

forfeiture  and  penalty  in  such  case    34  *6 

penalty,  extent  of,  recoverable 35  2,  3 

penalty,  when  not  incurred 35  c  4 

in  what  court  such  action  brought 34  *6 

INDEX   TO   OBSOLETE  LAWS. 

Actions  in  respect  to  Copyrights — 

for  printing  map,  ic,  without  consent 16  *2 

recovery  therein  and  for  whose  benefit 1 G  *- 

wliere  and  when  to  be  brought 16  *2 

for  printing  manuscript  without  consent 19  *G 

damages  thereof,  and  where  recoverable 19  *6 

for  engraving  print,  Ic,  without  consent 22  *3 

forfeiture  in  such  case,  and  for  whose  benefit 23  *3 

where  may  be  recovered '23  *3 

for  marking  books,  Ac,  as  copyrighted  when  not  so.  23  *4 

penalty  therefor,  and  who  entitled  to 23  *4 


G4  IN'DEX    TO   COPYRIGnT  LAWS. 

BXrERE.VCBS   THUS  (*)  ARE  TO  8BCTI0KS ;    OTUEBWISE,  TO   NOTES. 

Actions  in  respect  to  CoPYRiouTS^-continiied.  f*oi  bw. 

on  the  case,  projxr  form  to  recover  damages 35  c  \ 

for  engraving  map,  4c 36  *i 

forfeiture  and  penalty  in  such  cases 36  *7 

penalty  on  each  sheet  sold  or  ofl'cred  for  sale 37  6  1 

penalty  on  each  sheet  printed  for  sale 37  6  4 

penally  recoverable  for  infractions  within  two  years.  37  2 

in  what  court  to  be  brought 36  *1 

for  printing  manuscript  without  consent 38  ♦S 

damages  in  such  ctise 38  *0 

recoverable  in  action  on  the  ca.se 38  *9 

in  what  court  to  bo  brought 33  •O 

redress  in  such  case  at  common  law 38  3 

relief  may  also  l^e  had  in  etpiity .'{8  4 

whole  6f  manuscript  need  not  be  printed 38  9 

for  falsely  marking  book  a.s  copyrighted 3y  •!  1 

penally  for  so  doing 39  •ll 

in  what  c»»urt  n-eoverablc 40  *11 

for  performing  dramatic  composilion 45 

damages  for  so  doing 45 

in  what  court  recoverable 15 

assignee  may  m.iinUiin  such  action 46  4 

maintainable  when  title-page  dcjKjsitod    46  6 

maintainaliio  when  title-page  dejio.Mitcd 33  9 

maintainable  only  after  copyright  complete 46  8 

AlTEAIJi    TO    Sll'RKUK    (.'OUllT— 

he  from  all  judgments  and  decrees,  without  regard  to 

amount  in  controversy 48 

ASSIGNME.VT    or    (  OI'VIUOIITK — 

must  bo  in  writing 42  *! 

agreement  to  assign  need  not  be 43  1 

must  be  proved  and  acknowledged 42  *! 

to  l>o  recorded,  where  and  when 43  'l 


INDKX  TO  OBSOLKTK  LAWS. 

Actions  in  rkspkct  to  rorTRicnrra — 

where  may  be  recf)vored 23  *4 

for  forfeitnrei",  when  to  be  commeDctHl 23  *4 

general  Ihsuc  plendable  in 19  ^7 

Bpi-aU  or  wnt  of  error  in 24 

ArPKALH    T)    StPKKMK    CotRT  — 

from  judgnienta  and  decrees  of  Circuit  Courts 24 

Book,  CopTKioiiT  or — 

who  may  8c<]iiir© 14  •! 

how  acquijcd 10  '3 


INDEX   TO   COPYRIGHT   LAWS.  C5 


RKFERENCaa  THUS  (*)  ARE  TO   SECTIONS  ;    OTHERWISE,   TO   NOTES. 


INDEX  TO  OBSOLETE  LAWS. 

Book,  Copyright  of — 

how  acquired 2*^ 


penalty  lor  violating  copyright  of  , 


BEr. 


AsssiONMENT  OP  CoPYRiOHTS — Continued.  ^^°^ 

failure  to  record,  elVect  of 42  i 

not  recorded,  valid  between  the  parties 4:1  10 

fees  for  reooniing 4.1  2 

generally  has  relerence  to  first  term 43  2 

when  will  cover  renewal  term 43  3 

a  portion  of  the  oopyriglu  may  be  assigned 43  4.  5 

query?  whether  this  can  bo'done 43  7,  8 

Author — 

who  is • 27  5 

citizen  or  resident,  may  have  copyright 26  1 

onlj'  such  can  have  copyright 27  3 

a  resident  must  be  a  permanent  resident 26  1 

can  have  copyright  only  under  laws  of  Congress. ...  29  2,  4 

has  at  common  law  no  exclusive  right 29  3 

rights  of,  before  and  after  publication 28  3 

only  right  to  multiply  copies 29  4,  6 

his  riglit  not  an  odious  monopoly 28  1 

when  right  of  renewal  secured  to 29 

conditions  of  renewal 29  2,3 


B. 

Book — 

who  may  have  copyright  of 26  1 

what  is,  within  the  statute 27  7 

what  is,  under  the  statute  of  1SG5 49  *t 

newspaper  or  price-current  is  not 27  8 

a  label  is  not 27  9 

does  not  include  a  translation  of 35  2 

"  copy  of,'  imports  a  copy  of  the  entire  book 35  c  5 


•1 
16  *2 


Clerk  of  District  Cocrt — 

to  record  title  of  book 1 '  •* 

form  of  such  record 17  3 

fee  for  record,  and  copies  of  same 1' 


*3 


CoxGRESS  Library — 

copy  of  book  to  be  sent  to 44  10 

Buch  deposit  not  a  prerequisite  to  copyright 44  1 


C8  INDEX   TO   COPYRIGHT   LAWS. 


JtZFERENXES   THUS  (*)  ARB   TO   SECTIOXS ;   OTHEBTHSE,   TO   NOTES. 

c. 

Charts,  see  .Maps. 

CiRciir  Courts,  U.  S.,  seo  Courts, 

Ci.EIlK    OF    DisTIMCT    COURT 'AC" 

title  of  book,  Ac,  to  be  deposited  with 31 

to  record  same 31 

fee  for  same,  and  copies  thereof 31 

copy  of  book  to  be  deposited  with 31 

to  transmit  records  of  copyright  and  books  to  Secre- 
tary of  Slate 32            *4 

records  from  prima  facie  evidence  of  deposit 33             10 

COXGRESS    LlUKAKY — 

copy  of  Ijook,  Ac,  to  be  transmitted  to 49            *'l 

penally  for  not  so  doinj; 49            *3 

copy  of  second  or  subsequent  edition,  when  not  re- 
quired    49            *4 

Coptrioht  of  Books,  Maps,  Ac. — 

right  to,  founded  on  statute  law 29           2,  4 

is  uot  n  mouo|)oly  in  an  odious  sense 1!8               1 

is  a  riiflit  t<)  iiiuliiply  copies 28-9      2,  6 

citizens  and  residents,  and  their  rcprcscntatiTC,  may 

acquire 2G             •! 

temporary  resident  cannot  take 26               1 

legal  assignee,  through  trustee,  can  take 26               2 

assignee  of  non-rfsident  alien  cannot 27               l 

printed  copy  of  title  to  be  do|>o3ited 31             *l 

title  to  1>0  recorded  by  clerk 31             *4 

title  must  be  dejKJsitcd  before  j)iiblication 33        13,1  1 

numl)or  of  volumes  no  part  of  till© 33               8 

copy  of  book  to  be  delivered  to  clerk 31             *\ 

Copy  of  book  U>  be  Bent  to  Congress  library 49            *i 

penally  f<>r  not  so  di>ing 49             *.\ 

notice  of  copyright  to  be  published  in  book 32             *i 

INDKX  TO  obsolp:te  L.^WS. 

COKORr.5(8   I.IDRART  — 

no  lorfeiiuro  for  non-deposit 41               2 

repeal  of  act  requiring  some 47            *0 

CoPTRiGiiT  or  Hooks,  Maps.  Ac. — 

who  rauy  m-i-un-    11             *1 

title  to  bo  recorded   17             *2 

copy  roe«>rd  lo  Ih>  published 17             *3 

copy  nK»rd  t-i  l»o  inserted  in  book 20            •! 

c«'py  of  book  to  l>o  depo»ited l'>            *3 

for  what  term  bOtiurcd 14            *1 


INDEX  TO  COPYRIGHT  LAWS.  67 

REFEBEXCES  THUS  (*)  ABE  TO  SECTIONS  ;   OTHERWISE,   TO  NOTES. 

CoPTRioHT  OF  Books,  Maps,  &c. — continued.  •'■^o*        «'• 

insertion  of  notice  in  tirst  volume  suQioicnt 33              6 

mistake  in  such  notice  fatal 33      11,12 

original  term  of  twenty-eight  years 26            *1 

term  may  be  extended  fourteen  years 30            *2 

how  renewal  elTocted,  and  when  can  be 30            *2 

record  of  renewal  to  be  publisiicd 30            *•? 

renewal  primarily  for  author  and  his  family 30              1 

when  assignee  entitled  to 30              4 

renewal  is  a  new  interest 30              6 

in  books,  maps,  charts,  ic 26            ♦I 

in  dramatic  compositions 45 

in  photographs  and  negatives  of 49            •! 

newspaper  or  label  not  subject  of 27          8,  9 

judicial  decisions  not  subject  of 28      17,  18 

plan  of  a  work,  when  subject  of,  when  not 28      20,  2 1 

Costs — 

in  actions  as  to  copyrights 40            12 

Courts — Supreme  Court  United  States — 

appeals  or  writ  of  error  to,  without  regard  to  sum  in 

controversy 43 

Courts — Circuit  Court  United  States — 

have  original  cognizance  of  actions  as  to  copyrights.  24 
jurisdiction   of,   does   not  depend   on  citizenship  of 

parties 25              6 

jurisdiction  of,  when  ousts  that  of  State  courts 25              6 

no  now  redress  or  rcUef  given  by  act  of  1S19 25              3 

may  grant  injimctions  for  violations  of  copyrights  . .  24 
may  grant  injunctions  to  restrain  publication  of  manu- 
script   38            *9 

equitable  jurisdiction  of,  does  not  extend  to  penalties 

and  forfeitures 25              2 

if  account  only  asked,  remedy  at  law 25              8 

INDEX  TO  OBSOLETE  LAWS. 

CoPTRiGHT  OP  Books,  iL\.PS,  &c. — 

term  may  be  extended 15            *l 

renewal  term,  how  secured,  and  for  how  long. . .  ». .  15            *1 


Fees — 

for  recording  title  of  book 17  *3 

for  copy  of  record  of  samo 17 


*3 


Forfeitures — 

of  books,  *c.,  on  sale  in  violation  of  copyright 16  *3 

for  every  sheet  in  possession  of  oQondor 16  '2 


68  INDEX   TO   OOPYRICnT   LAWS. 

RETERSKCBS  THUS  (*)  ASK  TO  BKCTI0K8 ;    OTUE&WISE,   TO   NOTES. 


D. 

Department  of  Interior —  i"**"!  *«'• 

books  and  publications  to  be  under  control  of 47  *3 

charged  with  duties  of  Departmcut  of  Slate,  as  to 

copyriglits 47  *S 

Dbamatio  Oomi-ositioxs — 

copyright  of,  covers  the  right  to  act  same 45  *1 

acting  of,  witliout  consent,  prohibited 45  •! 

penalty  for  acting  or  rojjrescnting  same 45  *1 

right  of  acting,  when  not  impaired 46  •! 

prior  to  ISjC,  author  of,  had  no  exclusive  right  to  ict  46  1 

representation  w;is  not  publication 4C  2 

acting,  does  not  destroy  right  to  take  copyright 46  3 

assignee  of  right  to  act.  may  restrain  others 46  4 

and  though  only  title  has  been  deposited   46  6 

but  contra  as  to  this  last  position 46  8 

act  of  1856  alone  gives  redress  for  ropresoutiug. ...  46  7 

E. 

Engravings,  boo  Phints. 

Eqcitable  jfnisiJicTioN  as  to  Copvrights — 

ctMiferred  by  act  of  1819 24  1 

where  injunction  not  prayed,  doe.s  not  attach 25  8 

does  not  extend  to  ailjudication  of  forfeitures 2  J  2 

wlien  injunctions  may  issue  as  to  copyriglits 24  '1 

wlion  injunctions  may  issue  ns  to  manuscripts 38  *9 

ExTE.ssiu.v  or  (.'opviuuuia  soo  Klnkwau. 

F. 

PlEB— 

for  rooordiog  titles  of  books,  4c. 31  ^4 

INDEX  TO  OBSOLETK  LAWS. 
FoarinTuuEs — 

of  plal«s,  of  map\  prints,  Aa 22  ^3 

for  every  print,  Ao,  exposed  for  sale 22  *3 

GEVER4I,    IsflfK — 

pl»»a<Ubl<'  ill  suits  as  to  copyrights 19  *7 

HjHxJal  mutter  mar  be  given  iu  evidence  under 19  '7 

Import ATiox  or  Boorh,  4c.— 

when  viol-'Ulon  of  copyright 16  •S 

when  permitted 1 1*  5 

of  prints,  when  forbidden 22  "3 


INDEX  TO  COPYRIGni  LAWS.  69 

BEFBBEKCES  THCS  (*)  ARE  TO   SKCTIOKS  ;    OTHERWISE,    TO   NOTES. 

. m, 

Fees — cmtimied.  tage        B.tr. 

for  copy  of  such  record 31  *  t 

for  rccx>rding  assignments  of  copyrights 43  *2 

FOREITUIIKS    U.NUKR    COPYRKiHT    ACTS — 

of  books  on  sale  in  Tiolatioii  of  copyright 34  *6 

for  every  sheet  sold  or  held  for  sale 34  *G 

of  plates  of  maps,  ic,  sold  in  violation  of  copyright.  35  *7 

for  every  map,  &c.,  ofl'ered  for  sale 33  *7 


G. 

Gkxeral  Issl-e — 

pleadable  in  all  suits  under  copyrifrht  acts 39  *10 

special  matter  may  be  given  iu  evidence  under 39  *10 


I. 

IltPORTATION'   OF   BoOKS,  &C. — 

of  books,  when  violation  of  copyright 34  *6 

of  maps,  cliarls,  &c  ,  when  violation  of  copyright.  ...  35  *7 

when  not  a  violation 37  *8 

Ikfringeme.vt  of  Copyiught — 

pi  intiug.  &c.,  copy  of  book,  when  is 33  *G 

penalty  for '. 33  *G 

intent  with  which  work  reprinted  immaterial 34-5  1,  G 

extent  of  not  important 34  3,5 

form  of  infringement  of,  no  ct^nsequence 34  2 

engraving,  ic,  map,  chart,  ic ,  when  is 35  *7 

penalty  lor 35  *7 

importation  of  books,  &c.,  when  no  infringement. ...  37  •S 

acting  dramatic  compo.<ition,  when  is 45 

when  such  acting  no  infringement 46 

INDEX  TO  OBSOLETE  LAWS. 

Ihfrixgement  of  Copyright — 

printing.  Ac,  copy  of  bcok 15  *2 

penalty  for 16  *2 

importation  or  printing  foreign  books 13  *5 

seUing  or  engraving  any  print,  Ac 22  *3 

penalty  for. ...   22  *3 


Manuscripts — 

printing  of,  when  forbidden 19  *6 

damages  for  so  doing 19 


*& 


70  INDEX   TO   COPYRIGHT  LAWS. 

RXFEaKSCES   TUCS  (*)  ARE   TO   8KCT10NS  ;    OTHEBWISE,    TO   KOTES. 

Injr.NxnoNS —  '*<»■       **'• 
Circuit  Courts   may  grant,  to  restrain  yiolation  of 

copyrights 24 

on  what  terms  and  conditions 24 

if  not  asked,  equity  jurisdiction  docs  not  attach 25               8 

to  restrain  publication  of  manuscripts 38            ♦S 

to  restrain  acting  dramatic  compositions 46          4,  6 

J. 

JCDICIAL   OpIKIOVS — 

not  t)ie  subject  of  copyright 28      17,  18 

marginal  notes  to,  may  bo 28             19 


Labels — 

uot  subject  of  copyright 27  9 

BI. 
iLAKUSntlPTS— 

printing  or   publishing,   without   author's  cotiscnt, 

prohibited 38  •S 

damages  for  so  doing,  and  liow  recovered 38  '9 

injunction  to  restrain  publication  of 38  ^9 

author  of,  has  pr()|>oriy  in,  at  common  law 33  1,3 

until  ho  rilin<|uisheH  it 38  1 

has  redroHs  indipcuiiciitiy  of  xtututo 38  S 

author  of,  hns  camo  ri^'hts  to,  ns  to  other  property.  .39  11 

common  law  ri^'lit  to,  not  abriti>'ed  by  statute 39  12 

UM  of,  by  author  no  abandonment 38  6 

pcrmiMiuu  to  take  copies  no  ttbundonmenl 38  6 

INDEX  TO  OBSOLETE  LAWS. 

IfAn   A\D   rilAllTS— 

copyriglit  in,  who  may  havo 14  *! 

copyright  in,  jMnalty  for  violation  of 15  *2 

co|)yright  in,  in>w  arf|uired 17  ^3 

copyriglil  in,  how  acquired 18  *4 

PVALTIE.^   rOB   VIOLATION'   OF   CofYRIOnT — 

for  printing  bofik.  map,  chart.  Ac It  *2 

amount  of.  ond  liow  recovered 10  *2 

for  engraving  prints 22  *3 

amount  of,  and  how  recovered 22  *i 


INDEX   TO   COPYRIGHT  LAWS.  71 

BEFERENCES   THUS  (*)  ARE   TO   SECTIONS  ;    OTHERWISE,    TO   NOTES. 

Manuscripts — continued.                                                   '*««  ««»■■ 

copies  of,  how  may  be  used 38  6 

publication  of  part  of,  as  well  as  of  all,  prohibited. . .  33  9 

&Iafs  and  Charts — 

copyright  in,  to  citizen  or  resident  authors 26  *1 

renewed  term  of,  who  may  take 29  *2 

copj-riglit  in.  how  acquired 30-1  *3  *i 

violation  of  cop\-riglit,  and  penalty  for 35  *7 

violation  of  copyright,  what  is 36  3 

violation  of  copyright,  how  determined 37  4 

publishing  as  copyrighted,  when  not  so 39  *11 

DO  copyriglit  in  the  original  elements  or  materials  of  27  10,  11 

copyriglit  only  in  result  of  labors  and  surveys 36  1 

natural  objects  of,  open  to  all 36  2 

subsequent  compiler  of,  what  may  use 37  6,  6 

Mt;siCAL  Composition,  Copyrights  in — 

citizens  or  resident  authors  may  have 26  *1 

when  subject  of.  when  not 27  13,  14 

original  term  of  twenty-eight  years 28  15 

how  secured 31-2    *4,  5 

renewal  term,  who  may  have 29  *2 

renewal  term,  how  secured 30  *2,  3 

violation  of  copyright  of,  penalty  for 35  *7 

penalty  for  marking  copyrighted,  when  not  so 39  'll 


Newspaper — 

not  protected  by  copyright  laws 21  8 

is  not  a  book 27  8 


INDEX  TO  OBSOLETE  LAWS. 

PiXALTres  for  violation  op  Coptright — 

for  publishing  book,  Ac,  as  copyrighted,  when  not  so.  23  ^4 

amount  of,  and  how  recovered 23  *4 

action  for,  when  to  be  brought 23  *4 

Prints  and  Engravings — 

copyright  in,  who  may  have 21  *2 

copyright  in,  how  acquired 21  *2 

copyright  in,  violation  of,  and  penalty  for i2  •B 

copyright  in,  cannot  be  had  unless  embodied  in  visi- 
ble form 22  3 

copyright  in,  cannot  be  had  for  works  designed  and 

produced  by  others 22  4 


INDEX  TO  COPYRIGHT  LAWS. 


REFERENCES  THIS  (*)  ARE  TO  SECTIONS  ;  OXnERWISE,  TO  KOTKS. 

P. 

PENALTIK^  VIOLATION    OF    COPTnir.nTS '*«»  «>"•• 

for  priniinp  copy  of  book  without  consent 34  *6 

omuuiil  of,  lor  each  slict-t 34  *6 

liow  recovered  and  appropriated 34  *6 

action  on  caso.  proper  f.Tin  to  recover 35  c  1 

incurred  for  every  sheet  sold  or  licld  for  Bale 35  c2,  3 

not  incurred  for  printing  less  than  entire  work 35  c4,  6 

for  printing  map,  chart,  4c 36  ^7 

amount  of,  for  every  sheet 36  *1 

}iow  recovered  and  appropriated 36  *1 

incurred  on  every  sheet  Bolil,  or  oflTcred  for  Balo  ....  37  61 

must  be  sued  for  within  two  years 37  6  2,  4 

for  acting  dramatic  composition  without  consent.  ...  45 

for  printing  book,  Ac,  as  copyrighted,  when  not  so..  39  *ll 

how  recovered  and  ajipropriated 39  *11 

cannot  l>e  recovered  in  name  of  more  than  one  person.  40  1 

Photo<;baphs — 

and  their  nftrotives  subject  of  copyright  as  prints  and 

engravings 49  *1 

Prints  aitd  Engkavings,  Copyright  in — 

citizen  or  resident  authors  may  have 26  *1 

liow  secured 31  *4 

renewed  term,  who  may  take 29  ♦a 

ri-n'-wcd  term,  how  secured 30  *2,  3 

vifilation  of,  what  is 35  •? 

penalty  for  such  violation 35  ^7 

penalty  for  publishing  as  copyrighted,  when  not  BO. .  39  *11 


Rr^nrwAL  or  ComiionTS — 

who  cnlitli-d  to  receive  or  take 29  *2 

for  what  term  allowed 29  ^2 

ISUEX  TO  ODSOLETK  LAWS. 

Rrtcwai,  or  OoTTiuonT — 

who  may  have 16  •! 

for  what  torm  pxantcd IG  *l 

how  necured 16  •! 

SaCKKTAKT  or  Btatt— 

copy  of  lK><)k  to  b«  df  ponited  with 18  *i 

copy  of  print  to  be  deposited  with 21  ^2 

duties  of,  impoied  oo  Secretary  of  Interior 47 


INDEX  TO  COPYRIGnT  LAWS.  73 

REFERENCES  THUS  (*)  ARE   TO   SECTIONS ;    OTHERWISE,    TO   NOTES. 


Renewal  of  Copyrights — continued.  page  rkf. 

conditions  upon  which  secured 30  *2,  3 

within  what  time,  conditions  to  be  performed 30  *2,  3 

statute  looks  to  author  and  his  family,  not  assignees  30  1 

not  in  favor  of  assignees,  unless  clearly  so 30  4 

renewed  term  is  a  new  interest 30  5 

record  of,  to  be  published,  how 30  *3 

Reports — 

no  copyright  in  opinions  of  the  judges 28  17,  18 

may  be  in  reporter's  marginal  notes 28  19 

S. 

Secretary  of  State — 

records  of  copyrights  and  copies  of  books  to  be  de- 
posited with 32  *4 

duties  of,  transferred  to  Secretary  of  Interior 47  *8 

Secretary  of  Interior — 

to  have  custody  of  records,  books,  Ac,  relating  to 

copyrights 47  *8 

charged  with  duties  of  Secretary  of  State  as  to 47  *8 

Writ  of  Error  ix  Coptrioht  sots — 

from  all  judgments  of  Circuit  Courts,  without  regpard 

to  sum  or  value  in  controversy 48 

INDEX  TO  OBSOLETE  LAWS. 

Smthsonian  Institution — 

copies  of  books,  Ac,  to  be  sent  to 44  •10 

deposit  of,  not  essential  to  copyright 44  1 

no  forfeiture  for  non-compliance 44  3 

provisions  as  to,  repealed 47  *S 

Writ  of  Error — 

when  lies  from  judgments  of  Circuit  Courts 8i 

4 


ACTS  OF  COXGRESS 


m  RXSPECT  TO 


PATENTS  FOR  INVENTIONS. 


ACTS 

1  N    FORCE. 

Act  of  1336, 

Chap. 

357. 

Act  of  1855, 

Chap. 

175. 

" 

1837, 

45. 

II 

1856, 

II 

129. 

" 

1339, 

83. 

II 

1S59, 

II 

80. 

II 

1842, 

263. 

II 

1861, 

II 

37. 

II 

lS-18, 

47. 

11 

1861, 

II 

88. 

II 

1849, 

108. 

II 

1802, 

II 

182. 

" 

1851, 

32. 

II 

1863, 

" 

102. 

11 

1852, 

107. 

II 

1861, 

II 

159. 

" 

1852, 

108. 

II 

1865, 

II 

113. 

II 

1853, 

97. 

OBSOLETE    ACTS. 


Act  of  1790,  Chap.  7. 

"      1793,     "  11. 

"      nat,     "  58. 

"      1800,     "  25. 


Act  of  IS  19,  Chap.  19. 

"      1832,     "  162. 

"      1832,     "  203. 

"      1860,     "  211. 


PATENT  LAWS. 


ACT    OF     IV  90,    CHAPTER     7. 

1  Statutes  at  Lakoe,  109. 

[Obsolete:  Repealed  by  Act  of  1703,  §  12.] 

An  Act  to  promote  the  progress  of  useful  arts. 

Sectiox  1.  Jie  it  enacted  by  the  Senate  and  House  of 
R'presentatives  of  the  United  States  of  America  in  Con- 
gress assembled,  That  upon  the  petition  of  any  person  or 
persons  to  the  Socrotai  y  of  State,  llie  Secretary  for  the 
department  of  war,  and  the  Attorney-General  of  the 
United  States,  settin^c  forth  that  he,  she,  or  tliey,  liath 
or  have  invented  or  discovered  any  useful  art,  manufac- 
ture, engine,  machine,  or  device,  or  any  improvement 
therein  not  before  known  or  used,  and  praying  that  a 
patent  may  be  granted  therefor,  it  shall  and  may  be  law- 
ful to  and  for  the  said  Secretary  of  State,  the  Secretary 
for  the  department  of  war,  and  the  Attorney-General,  or 
any  two  of  them,  if  they  shall  deem  the  invention  or  dis- 
covery sufficiently  useful  and  important,  to  cause  letters 
patent  to  be  made  out  in  the  name  of  the  United  States, 
to  bear  teste  by  the  President  of  the  United  States, 
reciting  the  allegations  and  suggestions  of  tlie  said  peti- 
tion, and  describing  the  s:ud  invention  or  discovery, 
clearly,  truly,  and  fully,  and  thereupon  granting  to  such 
petitioner  or  petitioners,  his,  her,  or  their  heirs,  admin- 
istrators, or  assigns  for  any  term  not  exceeding  fourteen 
yeirs,  tlu>  sole  and  exclusive  right  and  liberty  of  making. 


80  patp:nt  laws. 


OBSOLETE.  ACT  OF   1790,   CIIAP.   7,   §§  1,  2. 

constructing,  using,  and  vending  to  others  to  be  used,  the 
Buiil  invention  or  discovery  ;  wliicli  letters  patent  shall  be 
delivered  to  the  Attorney -General  of  tlie  United  States 
to  be  examined,  who  shall,  within  fifteen  days  next  after 
the  delivery  to  him,  if  he  shall  find  the  same  conformable 
to  this  act,  certify  it  to  be  so  at  the  foot  tlicreof,  and 
present  the  letters  patent  so  certified  to  the  President, 
who  shall  cause  the  seal  of  the  United  States  to  be  there- 
to aftlxed,  anil  the  same  shall  be  good  and  available  to 
the  grantee  or  grantees  by  force  of  this  act,  to  all  and 
every  intent  and  purpose  herein  contained,  and  shall  be 
recorded  in  a  book  to  be  kept  for  that  i)urpt)se  in  the 
oJhce  of  the  Secretary  of  St;ite,  and  <leli\ered  to  iho 
patentee  or  his  agent,  and  tlio  delivery  thereof  shall  be 
entered  on  the  record  and  indorsiil  on  the  j)atent  by  the 
said  Secretary  at  the  time  of  granting  tiie  same. 

Under  this  section  it  wan  hold,  that  the  allegations  and  su^frosliona 
of  the  po  ition  must  bo  KubHtuntiaii7  rocitod  in  tlio  patoiil,  or  ilio  pat- 
ent waH  void.  Kcans  v.  Chambers',  '1  Wash.,  120.— Wasuinoton,  J.; 
IV,  lii07. 

Section  2/  And  be  it  fm-tlicr  cncrtfdy  That  the 
grantee  or  grantees  of  each  patent  shall,  at  the  time  of 
granting  the  same,  deliver  to  the  Serri'tary  of  State  a 
Bpecification  in  writing,  containing  a  tlescription,  accom- 
panied with  drafts  or  ntodels,  an(i  explanations  and  models 
(if  the  nature  of  the  inventiim  or  discovery  will  ndmit  of 
n  mod.!)  of  the  thing  or  things,  by  him  f)r  th«m  invented 
or  discovered,  and  described  as  ;^bre8aitl,  in  the  said  pat- 
ents; which  specitication  shall  be  so  jiarticular,  and  said 
models  so  exact,  as  not  only  to  distinguish  the  invention 
or  discovery  from  other  things  before  known  and  used, 
but  also  to  cn.nblo  :i  workman  or  other  person  skilled  in 


PATENT   LAWS.  81 


ACT  OP   1790,    CHAP.    7,    §§  3,  4.  OBSOLETE. 

the  art  or  manufacture,  whereof  it  is  a  branch,  or  where- 
with it  may  be  nearest  connected,  to  make,  construct,  or 
use  the  same,  to  the  end  that  the  public  may  have  tlie 
full  benefit  thereof,  after  the  expiration  of  the  patent 
term ;  which  specification  shall  be  filed  in  the  office  of 
the  said  Secretary,  and  certified  copies  thereof  shall  be 
competent  evidence  in  all  courts  ami  before  all  jurisdic- 
tions, where  any  matter  or  thing,  touching  or  concerning 
such  patent,  right,  or  privilege  shall  come  in  question. 

Section  3.  A7id  be  it  further  enacted,  That  upon  the 
application  of  any  person  to  the  Secretary  of  State,  for  a 
copy  of  any  such  specification,  and  for  permission  to  have 
similar  model  or  models  made,  it  shall  be  the  duty  of  the 
Secretary  to  give  such  copy,  and  to  permit  the  person  so 
applying  for  a  similar  model  or  models,  to  take,  or  make, 
or  cause  the  same  to  be  taken  or  made,  at  the  expense  of 
such  applicant. 

Section  4.  And  he  it  further  enacted.  That  if  any  per- 
son or  persons  shall  devise,  make,  construct,  use,  employ, 
or  vend,  within  these  United  States,  any  art,  manufac- 
ture, engine,  machine,  or  device,  or  any  invention  or 
improvement  upon,  or  in  any  art,  manufacture,  engine, 
machine,  or  device,  the  sole  and  exclusive  right  of  which 
shall  be  so  as  aforesaid  granted  by  patent  to  any  person 
or  persons,  by  virtue  and  in  pursuance  of  this  act,  with- 
out the  consent  of  the  patentee  or  patentees,  their  execu- 
tors, administrators  or  assigns,  first  had  and  obtained  in 
writing,  every  person  so  offending  shall  forfeit  and  pay 
to  the  said  patentee  or  patentees,  his,  her,  or  tlieir  execu- 
tors, administrators  or  assigns,  such  damages  as  shall  be 
assessed  by  a  jury,  and  moreover  shall  forfeit  to  the  per- 
son aggrieved  the  thing  or  things  so  devised,  made,  con- 
4* 


82  PATENT  LAWS. 

OBSOLBTE.  ACT   OP    1790,   CHAP.    7,    §  5. 

structcd,  used,  employed,  or  vended,  contrary  to  the  true 
intent  of  this  act,  which  may  be  recovered  in  ;ui  action 
on  the  case  founded  on  this  act. 

Sectiox  5.  And  be  it  further  enacted^  That  upon  oath 
or  allirmalion  made  before  tlie  judge  of  the  district  court, 
wliere  tlie  defendant  resides,  that  any  patent  which  shall 
be  issued  ia  pursuance  of  this  act,  was  obtained  surrep- 
titiously by,  or  upon  false  suggestion,  and  motion  mado 
to  the  said  court,  within  one  year  alter  i-suing  the  said 
patent,  but  not  afterwards,  it  shall  ami  may  be  lawful  to 
anil  for  tlie  judge  of  the  said  district  court,  if  the  matter 
alleged  shall  aj)pear  to  him  to  be  sullicient,  to  grant  a  rulo 
that  the  patentee  or  patentees.  Ids,  her,  or  their  executors, 
administrators,  or  assigns,  show  cause  why  process  should 
not  issue  against  liim,  hi-r,  or  them,  to  repeal  such  pat- 
ents ;  and  if  sufllcient  cause  shall  not  be  shown  to  the 
contrary,  the  rule  shall  be  made  absolute,  and  thereupon 
the  said  judge  shall  order  j)roecss  to  be  issued  as  afore- 
said, against  sucli  patentee  or  patentees,  his,  her,  or  their 
executors,  a<lministrators,  or  assigns.  Anti  in  case  no 
Buflicicnt  cause  shall  be  sliown  to  the  contrary,  or  if  it 
shall  appear  that  tin*  pattiitee  was  not  the  hrst  and  true 
inventor  or  discoverer,  judgment  shall  be  rendered  by 
such  court  fur  the  repeal  of  such  patent  or  patents  ;  and 
if  tlie  party  at  whose  complaint  the  process  issued  shall 
have  judgment  given  against  him,  lie  shall  pay  all  such 
costs  as  the  defendant  shall  be  put  to  in  <lefending  the 
suit,  to  be  taxed  by  the  court,  and  recovered  in  such 
manner  as  costs  expended  by  defendants  shall  be  recov- 
ered in  due  course  of  law. 

Soo  noto^  to  act  of  1793,  §  10;  and  alBo  DiQEST  PxT.  Cases,  title 
Coi;aT9,  B.  3. 


PATENT  LAWS.  83 


ACT   OP    1790,  CUAP.    7,    g§  6,  7.  OBSOLETE. 

Sectiox  6.  And  be  it  furthrr  cnnctcd^  That  in  nil  ac- 
tions to  be  brou<;ht  by  such  paU-ntce  or  patentees,  liis, 
her,  or  their  executors,  .administrators,  or  assii^ns,  for  any 
penalty  incurred  by  virtue  of  this  act,  the  said  patents  or 
specifications  shall  he  prima  facie  evidence  (a),  that  the 
said  patentee  or  patentees  was  or  were  the  first  and  true 
inventor  or  inventors,  discoverer  or  discoverers  of  the 
thing  so  specified,  and  that  tlie  same  is  truly  specified  ; 
but  that  nevertheless  the  defendant  or  defendants  may 
plead  the  general  issue,  and  give  this  act,  and  any  special 
matter  whereof  notice  in  writing  sh.all  have  been  given  to 
the  plaintiflT,  or  his  attorney,  thirty  days  before  the  trial, 
in  evidence  {l>),  tending  to  prove  that  the  specification 
filed  by  the  plaintiff  does  not  contain  the  whole  of  the 
truth  concei'ning  his  invention  or  discovery  ;  or  that  it 
contains  more  than  is  necessary  to  produce  the  effect 
described  ;  and  if  the  concealment  of  part,  or  the  addi- 
tion of  more  than  is  necessary,  shall  appear  to  have  been 
intended  to  mislead,  or  shall  actually  mislead  the  public, 
80  as  the  effect  described  cannot  be  produced  by  the 
means  specified,  then,  and  in  such  cases,  the  verdict  and 
judgment  shall  be  for  the  defendant. 

(a)  Of  tho  novelty  and  utility  of  an  invention,  the  patent  is  prima 
facie  evidence  of  a  very  slight  character.  Loicell  v.  Lwis,  1  Mass.,  184. 
— Storv,  J.;  Mass.,  1317. 

See  also  Dicest  Pat.  Cases,  title  Patent,  P.  2. 

(6)  As  to  General  Issue,  and  notices  with,  see  notes  to  act  of  1793, 
§  6,  and  to  act  of  183i5,  §  15. 

Sectiox  7.  And  be  it  further  enacted.,  That  such  pat- 
entee as  aforesaid,  shall,  before  he  receives  his  patent, 
p.ay  the  following  fees  to  the  several  officers  employed  in 
making  out  and  perfecting  the  same,  to  wit :  For  receiv- 
ing and  filing  the  petition,  fifty  cents ;  for  filing  specifica- 


84  PATENT  LAWS. 


OBSOLETB.  ACT  OF   1703,   CUAP.    11,   §  1. 

tions,  per  copy-shoet  containing  one  hundred  word;*,  ten 
cents;  for  making  out  pat«nt,  two  dollars;  for  affixing 
great  seal,  one  dollar  ;  for  indorsing  the  day  of  delivering 
the  same  to  the  patentee,  including  all  intermediate  ser- 
vices, twenty  cents. 

Approved  April  10th,  1790. 


ACT    OF     1793,    CHAPTER    11. 

1  Statutes  at  Lakge,  318. 

[Olaoletf  :  Repealed  hij  Act  of  1836,  §  21.] 

An  Act  to  promote  the  progress  of  u.seful  arts,  and  to  re- 
peal the  act  heretofore  made  for  that  purpose. 
Section  1.  Be  it  auirttd  />//  the  Scmitf  and  House  of 
Jirj>rcife/itatii'C9  of  the  United  Stahs  of  America  in  Con- 
gress assembk'd,  That  when  any  person  or  persons,  being 
a  citizen  or  ritizens  of  the  United  States,  hIiuU  allege  that 
he  or  they  liave  invented  any  new  and  u.seful  art,  ma- 
chine, marmfucturc,  or  composition  of  matter,  or  any  new 
and  useful  improvemrnt  on  ;iny  art,  machine,  manufao* 
ture,  or  compoHition  of  matter,  not  known  or  \is<'d  before 
the  application  (a),  and  shall  present  a  petition  to  the 
Secretary  of  State,  signifying  a  desire  of  ohtaiuing  an  ex- 
rlasivc  property  in  the  same,  and  praying  that  a  patent 
may  l»e  granted  therefor,  it  hh.ill  •.\ni\  may  hv  lawful  for 
the  said  Secretary  «»f  State  to  cause  letters  patent  to  bo 
ma<l«  out  in  the  n.ime  of  tho  United  States,  bearing  teste 
by  the  I'revident  of  the  United  .States,  reciting  the  alle- 
gations and  su'^gestions  of  the  said  petition  (A),  and  giv- 
ing a  short  description  of  the  said  invention  or  discovery, 


PATEKT   LAWS.  85 


ACT  or   1793,   CHAP.    11,   §  1.  OBSOLETE. 

and  thereupon  granting  to  such  petitioner  or  petitioners, 
his,  her,  or  their  lieirs,  ailininistrators,  or  assigns,  for  a 
term  not  exceeding  fourteen  years,  the  full  and  exclusive 
right  and  liberty  of  making,  constructing,  using,  and 
vending  to  others  to  be  used,  the  said  invention  or  dis- 
covery, which  letters  patent  shall  be  delivered  to  the 
Attorney-General  of  the  United  States,  to  be  examined  ; 
"who,  within  fifteen  days  after  such  delivery,  if  he  finds 
the  same  conformable  to  this  act,  shall  certify  according- 
ly, at  the  foot  thereof,  and  return  the  same  to  the  Secre- 
tary of  State,  who  shall  present  the  letters  patent,  thus 
certified,  to  be  signed,  and  shall  cause  the  seal  of  the 
United  States  to  be  thereto  affixed  :  and  the  same  shall 
be  good  and  available  to  the  grantee  or  grantees,  by 
force  of  this  act,  and  shall  be  recorded  in  a  book,  to  be 
kept  for  that  purpose,  in  the  office  of  the  Secretary  of 
S:ute,  and  delivered  to  the  patentee  or  his  order. 

(a)  1.  This  Rcction  U  to  bo  construed  with  the  other  parta  of  the  act 
tj  ine.-in  tliat  tho  di.scovery  shouM  be  unknown,  and  not  used  as  tlio 
invention  of  anr  other  than  the  patentee,  b^'tore  llie  application  for  a 
p  itout.  Morris  v.  Huntington,  1  I'uine,  3  J3. — Thompson',  J. ;  N.  Y., 
l^i.'l. 

2.  This  section  of  the  act  is  to  be  construed  with  section  6  of  the 
s  I  ne  .'\ci,  and  moaus  that  the  first  inventor  has  a  ri^ht  to  a  patent, 
tlioujrh  there  may  have  been  a  knowledf^c  of  tlio  thing  invented  before 
the  apj)l  cation  for  a  patent,  if  siicli  use  or  knowledge  was  not  anterior 
to  tho  iliscoi'ery.  Melius  v.  Silsbee.  4  Mass.,  111. — Stort.  J. ;  Mass., 
1825.  Goodyejr  v  Mitth'ws.  1  Paine,  301. — I.ivisGSToy,  J.;  Ct., 
1814.  TreadtuU  v.  Dladfn,  4  Wasii.,  707,  708. — WasiusgtiiN,  J.;  Ta, 
1827.  CONTiiA.  Whitney  v.  Emmdt,  Bald ,  :i09.— Baldwin,  J. ;  Pa., 
1831.  Thompson  s .  llaight,  1  LT.  S.  Law  Jour.,  573. — Van*  Ness,  J. ; 
N.  Y.,  \6T1. 

3.  Tho  meaning  of  the  words  ••  not  known  or  used,"  ±c.,  in  this  sec- 
tion, is  that  the  invention  must  not  have  been  known  or  used  by  tmk 
PUBLIC  hefon  the  application.  Ptmuxk  v.  Dialojue,  2  Pet.,  19. — Stout, 
J.  i  Sup.  Ct.,  1S2U. 

4.  The  patent  act  of  1790  used  the  words  "  not  known  or  used  lie- 
fore,"   without  adding  tho  words  "the  applicaliou :"'    in  connection 


8fl  TATEN'T    LAWS. 


ACT  or  1793,  cuAr.  11,  §§  1,  2. 


with  the  structure  of  the  scnlence  in  winch  they  stnnd,  they  might 
have  been  rrfi'rrcil  either  to  the  time  of  tlio  invention,  or  of  tlic  appli- 
cation. The  nfltiition  of  tlic  latter  words  in  the  act  of  ITICI  must  liavo 
been  tj  ind't-itria.  and  with  the  cautions  intentinn  to  clear  away  a  doubt, 
and  tix  llic  oripinal  nnd  dfliberate  meaning  of  tiio  legislature.  IbiJ, 
22.     SJiaw  V.  C>oper,  7  Pet.,  319.— McLew,  J.;  Sup.  Ct..  1833. 

5.  'Within  the  spirit  ol'this  section,  it  was  held  that  the  Secretary  of 
State,  though  not  expressly  authorized,  might  receive  the  surrender  of 
letters  patent,  wliieli  were  defective  by  reason  of  mistakes  committed 
either  by  the  department,  or  by  the  invent<^>r,  innocently,  and  reissue 
a  new  and  corrected  patent.  Grant  v.  Rivjmond,  G  Pet.,  24'2. — Mar- 
BHALi^  Ch.  J.;  Sup.  Ct.,  1S32.  Same  view  had  been  before  taken  in 
Sullivin's  Case,  Opin.,  Gilpin's  Ed.,  158. — WtUT,  Alty.-Gen.,  1818. 
Ifoiris  V.  Ilu'itington,  1  Paine,  353. — TilOMPSOX,  J.;  N.  Y.,  1824. 
Grant  v.  Ma.'ion,  1  Law  Int.  and  Rev..  22.— Thompson,  J. ;  X.  Y.,  1828. 
Anon.,  2  Opin.,  450.— Taxey,  Atty.-Gen.,  1S31. 

(6t  1.  Though  this  act,  like  that  of  1790,  required  a  petition  to  bo 
proilnted,  and  the  patent,  when  issued,  to  recite  tlio  "allegations  and 
■uggestions  of  the  petition,"  it  seems  that,  after  this  act  of  1790,  iho 
petition  ulone  seldom  contained  any  thing  us  to  the  patent  beyond  a 
mere  title.  Hogg  v.  Emerson,  G  How.,  4!S0,  481. — WoouucRY,  J. ;  Sup. 
Ct.,  1347. 

2.  Dut  the  Bpecification,  being  filed  at  the  same  time  and  often  on 
the  same  pajxir,  seems  to  iiave  been  regarded,  whether  sjK-eiolly  named 
in  the  petition  or  not,  as  a  i)art  f>f  it.  To  ;ivoid  mistakes  as  to  the  ex- 
tent of  the  inventors  claim,  and  to  comjily  with  the  law,  by  inserting 
in  the  patent  at  l<ast  the  substance  of  the  jtetition,  the  ofllcers  inserted, 
by  express  reference,  the  whi»le  descriptive  |)ortion  of  it  as  contained 
in  the  schedule.     J  bid.,  4-1. 

Section  2.  Provided  alirnf/s,  nnd  l>f  if  further  enacted^ 
Tliat  any  person,  who  shall  have  iliscovennl  an  improve- 
ment in  the  print'iplf  of  .nny  machine,  or  in  tlie  process 
of  any  composition  of  matter,  which  sliall  have  been  patent- 
ed, and  sliall  have  ohtainc'l  a  patent  for  such  improvement, 
he  shall  not  be  at  liberty  to  make,  use,  <»r  vend  the 
original  discovrry,  nor  nhall  the  first  inventor  be  at 
liberty  to  use  the  iinprtjvemeiit :  ('/)  And  it  is  hereby 
enacted  and  declared,  that  simply  chani,'inj^  the  form  or 
the  proportions  of  any  machine,  or  composition  of  matter, 
in  any  degree,  shall  not  be  deemed  a  di.scovery.  (i) 

(a)  Ah  to  doctrine  that  the  patentoo  of  an  improvomcnt  has  no  right 


PATENT  LAWS.  S7 


ACT  OF   1793,   CHAP.    11,   §§  2,  3. 


to  use  the  original  discovery,  nor  the  first  inventor  the  right  to  use  tho 
improvement,  .see  Gray  v.  James,  Pet.  C.  C,  390. — W ashinoton,  J. ; 
P.I.,  18 17.  Washburn  v.  Gould,  3  Story,  150. — Story,  .1. ;  Mass.,  l.S-1-1. 
Woodworth  v.  Ro'jrrs,  1  Wood,  k  Min.,  141. — ■\Vooi)Hi:uY,  J. ;  Mas.«., 
1847  ;  ami  jjencrally  DiGKST  Pat.  Cases,  title  lMPHOVEii£.\T,  C. 

(b)  1.  It  is  not  every  change  of  form  and  proportion  which  is  de- 
clared by  this  act  to  be  no  discovery,  but  sucii  as  is  simply  a  change 
of  form  and  proportion,  and  notliing  more.  If  by  changing  the  form 
and  proportion  a  new  effect  is  produced,  there  is  not  simply  a  change 
of  form  and  proportion,  but  a  ch.nnge  of  principle  al.so.  Davis  v. 
Palmer,  2  Brock.,  310. — Maiisiiali.,  Ch.  J.;   Va..  1827. 

2.  Though  this  declaratory  act,  that  a  change  in  form  is  not  a  dis- 
covery, was  not  re-enacted  in  the  law  of  183G,  it  is  a  principle  which 
necessarily  makes  part  of  every  system  of  law  granting  patents  for 
new  inventions.  Winam  v.  Denmead,  15  How.,  341. — CcRTis,  J.; 
Sup.  Ct.,  1853. 

See  also  Digest  Pat.  Cases,  titles  Form  ;  Impeovement,  A. 

Sectiox  3.  And  he  it  further  enacted.  That  every  in- 
ventor, before  he  can  receive  a  patent,  shall  swear  or 
aflSrm,  that  he  does  verily  believe,  that  lie  is  the  true 
inventor  or  discoverer  of  the  art,  machine,  or  improve- 
ment, fur  which  he  solicits  a  patent,  which  oath  or 
affirmation  may  be  made  before  any  person  authorized  to 
administer  oaths,  and  shall  deliver  a  written  description 
of  his  invention,  and  of  the  manner  of  using,  or  process 
of  compounding  the  same,  in  such  full,  clear,  and  exact 
terms,  as  to  distinguish  the  same  from  all  other  things 
before  known,  and  to  enable  any  person  skilled  in  the 
art  or  science  of  which  it  is  a  branch,  or  with  which  it 
is  most  nearly  connected,  to  make,  compound,  and  use 
the  same.  And  in  the  case  of  any  machine,  he  shall 
fidly  explain  the  principle,  and  the  several  modes  in 
which  he  has  contemplated  the  application  of  that  prin- 
ciple or  character,  by  which  it  may  be  distinguished 
from  other  inventions ;  and  he  shall  accompany  the 
whole  with  drawings  and  written  references,  where 
the    nature    of   the    c.ise    adniits    of   drawings,    (a)    or 


.S.S  PATENT   LAWS. 


ACT  or  1793.  CHAP.  11,  §§  3,  A. 


with  specimens  of  the  injfredients,  and  of  the  composition 
of  matter,  Bufllcicnt  in  quantity  for  the  jiurpose  of  experi- 
ment, where  the  invention  is  of  a  composition  of  matter; 
which  description,  signed  by  himself  and  attested  by  two 
witnesses,  shall  be  filed  in  the  office  of  the  Secretary  of 
State,  and  certified  copies  thereof  sliall  be  competent 
evidence  in  all  courts,  where  any  matter  or  thincr,  touch- 
ing such  patent-right,  shall  come  in  question,  {b)  And 
such  inventor  shall,  moreover,  deliver  a  model  of  his 
machine,  provided  the  Secretary  shall  deem  sneh  model 
to  be  necessary. 

(n)  1.  Under  the  provisions  of  this  section  requiring  drawinj^  wiih 
written  reforciiccs,  if  the  si>cci(loation  refers  to  the  drawings,  they 
thereby  bocomo  pnrl  of  tlie  written  description  of  the  invcution. 
KarUv.  Sauiier.  4  Mass.,  10.  11. — StORY,  J.;  Mass.,  1825.  Jhooks  y. 
likkneU,  3  McU-an.  I'd.— McLkav,  J.;  Oiiio,  1843.  Wa!>hlium  v, 
Gould,  3  Story.  i:i.{.— Story.  J.  ;   Mass.,  IS  14. 

2.  It  is  Buflicient  if  drawings  and  written  references  are  put  on  flio 
with  the  sjKJcificatidn  ;  and  if  the  references  reijuircd  are  written  ou 
the  drawing's  the  st.iluto  is  satisfied.  Emerson  v.  Ilcxjg,  2  Dhitchf^  9, 
10.— Detts,  J.;   N.  Y..  1845. 

.T.  The  patent  act  of  179.'l  does  not  hmit  tlio  inventor  to  one  RJngle 
mo'lo  or  one  single  set  of  ingredients  to  carry  into  effect  his  invention. 
Ho  m.iy  claim  as  many  modes  as  he  plo.ises,  proviilcd  always  that  tho 
claim  is  liniitc<l  tu  such  as  he  lia.s  invented  and  us  are  substantially 
new.  And  section  .'t  of  the  act  re<iuires,  in  the  case  of  a  machine,  that 
the  inventor  shall  explain  the  several  nitxhs  in  which  he  has  contcin- 
)ibtcd  tlie  application  of  itii  principle,  liynn  v.  Goodwin,  3  Sumn.,  521.— 
.StouY,  J.  :    .Mass.,  1839. 

4.  I'mhr  tho  act  of  1793,  the  sporiflcation  was  not  rcqidrcfl  to  b« 
ipadc  a  part  of  the  loiters  pntont,  hut  the  inventor  could  have  it  so  in* 
•  orjKiratcd  with  thorn  if  ho  desire<l.  Ilfjg  v.  F.mnion,  11  IIow.,  G04.^ 
\V(K)r>HfHT,  J  ;   Slip   ("t.,  1ftr»0. 

C'l  An  enmiflitlcalinn  of  n  si>ecincnlion  of  •  p.itent  is  mado  evidcnoo 
by  this  !M»ction  of  the  (let  of  CongreKH.  The  exeniplilkaiion  of  tl)c  pat- 
ent ituclf  stands  upon  tho  common  law,  ns  being  an  exeniplillcation  of 
a  record  of  a  public  document,  and  is  always  to  be  received  ai  cvi» 
denee.  Tlip  drawing  or  model  need  not  bo  exemiilified.  l\ck  v.  Fat' 
rinylon,  9  Wend.,  45  — Savajje,  Ch.  J.;   N.  Y.,  \Hr:. 

Section  4.  And  he  if  further  cnartcd,  That  it  shall  bo 


PATENT   LAWS.  80 


ACT   OF    1793,   CHAP.    11,    §§  -1,  5.  0U30LETB. 


lawful  for  any  inventor,  his  executor  or  a<lniii)istr:»tor,  to 
assipi  the  title  and  interest  in  tlie  p:iid  invention,  at  any 
time,  and  the  assignee,  having  recorded  the  said  assign- 
ment in  the  office  of  tlic  Secretary  of  State,  sliall  there- 
after stand  in  the  place  of  the  original  inventor,  both  as 
to  right  and  responsibility,  and  so  the  assignees  of  as- 
signs, to  any  di'gree, 

1.  It  is  tlie  business  of  tho  assicrnee  of  a  patent-rigbt  to  see  thnt  the 
nssipninent  is  put  on  record.  Murrill  v.  Worthington,  14  Mass.,  392. — 
Cluiam:   Ma?s.,  1817. 

2.  I'nder  this  section,  an  a.ssignmcnt  is  not  valid  unless  it  has  been 
recortled  in  tho  office  of  the  Secretary  of  State.  Iligcjins  v.  Strong,  4 
Blackf.  183.— Dewey,  J.:  Ind.,  183ii. 

3.  Under  this  section,  until  an  assignment  is  recorded,  the  as.'^i^ee 
is  not  substituted  to  tlie  rights  and  responsibilities  of  the  patentee  so 
as  to  maintain  a  suit  at  law  or  in  equity,  founded  thareon.  Wijeth  v. 
Stone,  1  Story.  2'jr..— .Story,  J. ;   Mass.,  "l840. 

4.  Under  this  section,  the  recording  of  an  assignment  is  indispensa- 
ble to  convey  the  right.  Dohsoa  v.  Oimp'jell,  1  Sumn..  32G. — Stouy,  J.; 
Me.,  1833.  Boyd  v.  McAlpine,  3  McLean,  428.— McLeax,  J.;  Ohio, 
1844. 

Section-  5.  And  be  it  ^fi/rt/icr  enacted,  That  if  any 
person  shall  make,  devise,  and  use,  or  sell  the  thing  so 
invented  (a),  the  exclusive  riglit  of  which  shall,  as  afonv 
said,  have  been  secured  to  any  person  by  patent,  without 
the  consent  {h)  of  the  patentee,  his  executors,  adminis- 
trators, or  assigns,  first  obtained  in  writing,  every  person 
so  offending  shall  forfeit  and  jiay  to  the  patentee  a  sum, 
that  shall  be  at  least  equal  to  three  times  the  price,  for 
which  the  patentee  has  usually  sold  or  licensed,  to  other 
persons,  the  use  of  the  said  invention,  which  may  be  re- 
covered in  an  action  on  the  case  founded  on  this  act,  iu 
the  Circuit  Court  of  the  United  States,  or  any  other 
court  having  competent  jurisdiction,  (c) 

(o)  1  Under  the  act  of  1790,  a  patent  was  made  prima  facie  evl- 
deace;  that  act  was  repealed  by  tho  act  of  1793,  and  that  provision 


90  PATENT  LAWS. 


OBSOLETE.  ACT  OF  1793,   CHAP,    11,   §§  5,  G. 

w.is  not  rc-enactod  in  it.  Hsnce  a  patent  was  not  rcocivod  in  courts 
of  justice  aB  even  prima  facie  evidence  that  the  invention  patented  was 
new  or  useful,  but  tlie  pluintiCf  was  bound  to  prove  these  hicts  in  ordtT 
to  make  O'lt  his  case.  Corning  v.  Burden,  14  How.,  270,  271. — CiUiEii, 
J.;  Sup.  a.,  1833. 

2.  Under  thi.s  section,  subjectinq;  to  a  penalty  'any  person  who 
Fhall  mako,  devise,  and  use,  or  sell  the  tlrnsj  so  invented. "  it  mi^rlit 
well  be  questioned  whether  any  person  would  be  subject  to  the  penalty 
for  using  a  machine  which  he  had  not  uNo  made  and  devised.  Such 
doubt  is  removed  by  section  :{  of  the  act  of  ISOO,  wliich  subjects  to 
riamaffcs  "any  person  who  shall  make,  d'viso,  use.  or  sell"  the  inven- 
tion of  another.  A'la/w  v.  Jordan,  1  Brock.,  230,  231. — Maksiiall,  Ch. 
J.;   Va.,  1813. 

3.  The  maker  and  seller  of  a  patented  article,  within  the  meaninp  of 
this  section,  is  the  i>orson  for  whom,  by  whose  direction,  and  for  whoso 
account  the  article  is  sold — .nn<i  not  the  nii-ro  workman  employed  to 
sell.     Delano  v.  Scott.  Gilpin.  4:id. — IIopkixson,  J.;   I'n..  1831. 

(b)  Where  one  erected,  on  his  ow;i  premises  and  at  his  own  expense, 
a  machine  which  was  chiimed  to  be  tho  invention  of  another;  and 
afterwards  such  inventor  t(H)k  a  lease  of  the  machine  for  a  term  of 
years,  eovenanlin}^  to  reconvey  the  same  ut  tho  end  of  the  term  of 
years,  J/elti,  ihal  such  covenant  amounted  to  litvtii-e  or  consent  ia 
writinfj.  witiiin  the  nicaninjr  of  this  section.  Rentijen  v.  Kanours,  1 
"Wash.,  172.— Washixcjtox,  J.;  Pa..  IHOI. 

(c)  1.  Under  this  section,  it  was  held  tho  assignee  of  a  part  of  a  pat- 
ent co\dd  not  maintain  an  action  for  a  violation.  Tyler  v.  7WI,  6  Cra., 
32-1.— Clkiau;   Sup.  Ct  ,  ISIO. 

2.  But  tho  assignee  of  a  moiety  may  join  with  tho  patentee  in  aa 
action  for  a  viobtion.  WliiUemure  \.  Cutler,  1  Uall.,  430. — SroRr,  J.; 
Mass.,  181.3. 

TJiia  HoctioQ  repealed  by  act  of  1800,  §  1. 

SUfTION  0.  Proi'idnl  (ilir,it/s,  (111(1  h,  it  furtfur  enacted^ 
That  the  <li'fcii<l:uit  in  Huch  action  h1i:iII  bo  permitted  to 
pli'.id  the  pcner.il  issue,  :ind  pivc  this  act,  and  atiy  spocinl 
tnattpr  {n),  of  which  notice  in  writin;:^  may  have  been 
pivcn  to  tl»o  pl.iintiir or  his  attorney,  thiity  days  before 
trial,  in  evidence,  tendin;:^  to  i)rove,  that  tlie  .sj)ecification, 
filed  by  the  plaintifT,  docs  not  contain  the  whole  truth 
rela'ive  to  his  discovery,  or  that  it  contains  more  th.'in  is 
ne'-e-Kary  to  produce  tlio  described  effect,  whicli  conceal- 
ment or  addition  shall  fully  appear  to  have  been  made, 


PATENT  LAWS.  01 


ACT  OF   1793,   CHAP.    11,   §  6.  OBSOLETE. 

for  the  purpose  of  deceiving  the  public  (/»),  or  that  the 
thing,  thus  secured  by  piitont,  was  not  originally  discov. 
eretl  by  ttie  patentee,  but  had  been  in  use,  or  had  been 
described  in  some  public  work  anterior  to  the  supposed 
discovery  of  the  patentee  (<•),  or  that  he  had  surrep- 
titiously obtained  a  patent  for  the  discovery  of  another 
person  ((/) ;  in  either  of  which  cases,  judgment  shall  be 
rendered  for  the  defendant,  with  costs,  and  the  patent 
shall  be  declared  void  (< ). 

(a)  I.  The  object  of  this  section  was  to  puard  afrainst  defeating  pat- 
ents by  the  setting  up  of  a  prior  invention  whicli  liad  never  been 
reduced  to  practice.  Bedford  v.  Hunt,  1  Mass.,  305. — Story,  J. ;  Mass., 
1SI7. 

2.  This  section  appears  to  liave  been  drawn  with  the  idea  that  the 
defendant  would  not  Ite  at  liberty  to  contest  the  vaHdily  of  the  patent 
on  the  general  issue,  and  iiuends  to  relieve  the  defendant  from  the 
dilliculties  of  pleadinir,  by  allowing  him  to  give  in  evidence  matter 
which  affects  the  patent.  J'Jvaii'i  v.  £a(on,  3  Wheat,  503,  504. — 
Marshall,  Ch.  J.;  yup.  Ct.,  1818. 

3.  Such  notice  is,  however,  for  the  security  of  tho  plaintiflT.  to  protect 
him  aprainst  surprise.     Ibid..  504. 

(b)  Under  this  section  a  defect  or  concealment  in  a  specification,  in 
order  to  make  the  patent  iuvalid,  mu«t  appear  to  have  been  made  for 
the  purpose  of  deceiving  tiie  public.  Wuitnei/  v.  Carkr.  Fes.-cnden  on 
Pat,  -lei  ed,  139.— Joiixsox,  J.;  Geo..  isi)9.  Park  v.  Litllc.  3  Wash., 
108. — Wasiungto.v.  J.;  Ta.,  1S13.  Whitttrmorew  Cutter,  1  Gall.,  437. 
— SroRY,  J. ;  Mass.,  1813.  Gray  v.  James,  Pet.  0.  C,  401.— Wash- 
ington-. J.;  Pa.,  1817.  Lowea  v.  Lewis,  1  Mass.,  189.— Storv,  J.; 
Ma.ss,  1817. 

(r)  1.  Where  a  defence  is  made  that  tho  patentee  is  not  tho  original 
discoverer  of  the  thing  patented,  the  patent  will  be  considered  as  rela- 
ting back  to  the  original  discovery.  Construing  sections  1  and  G  to- 
gether, the  patentee's  right  docs  not  date  from  tho  time  of  his  applica- 
tion for  a  ixuent,  but  from  tho  time  of  his  discovery.  I>ixnn  v.  JJoyer, 
4  Wash..  72.— Wasiukotox,  J.;   Pa.,  IS'Jl. 

2.  Under  this  section,  if  the  thing  had  been  in  use  or  known  ante- 
rior to  the  patentee's  supposed  discovery,  his  patent  is  void.  Though 
the  patentee  had  no  knowledge  of  such  previous  diiscxjvery,  still  his 
patent  is  void,  as  the  law  supposes  he  may  have  known  it.  Eiaiu  v. 
Eaton,  3  Wheat.,  514.— MAr.siiALL,  Ch.  J.;"  Sup.  Ct..  1S18. 

3.  The  use  of  a  machine,  to  tost  its  value,  as  a  cracker  machine  to 
tho  extent  of  half  a  barrel  of  rtour.  held  to  amount  to  a  using  of  it  with- 


02  PATENT   LAWS. 


ACr  or  1793,  CHAP.  11,  §§  6-8. 


in  the  meaning  of  this  section.  Watson  v.  B'adcn^  4  Wasli.,  683.*— 
WASHiNdTON,  J.  ;   Pa.,  1826. 

(d)  1.  Tliis  section  does  not  pniimerate  nil  the  defences  of  which  the 
defendant  may  leirally  avail  himself;  as  lie  may  give  in  eviilenco  tliat 
he  never  did  the  tiling  attributed  to  him  ;  that  tiie  patentee  is  an  alie:), 
and  not  entitled  unilor  the  act ;  or  that  he  has  a  license  or  authority 
under  the  patentee.  WhiUemnre  v.  Cutter,  1  Gall.,  435 — Story,  J.; 
Mass.,  1813.  Kntas'!  w  Schuylkill  Hank,  4  Wash.,  1 1.— "Wasui.nuton, 
J.;  Pa.,  1820.  Pennock  v.  Dialogue,  2  Pet.,  23.— SroitY,  J.;  Sup.  Ct., 
1823. 

2.  This  section  only  declares  llio  dcfetioos  available  against  a  pat- 
entee ;  but  no  process  or  means  are  given  by  it  for  the  examination  of 
a  patt-nt,  however  f.iLse  and  fraudulent  it  may  be,  if  the  patentee  will 
forbear  to  bring  suit  again.st  those  using  it.  Delaru)  v.  Scoti,  Gilpin, 
491).— IIoPKi.vsox,  J. :   Pa..  1834. 

{e)  1.  If  a  det'endant  seeks  to  annul  a  patent,  ho  must  proceed  in 
precise  conformity  witii  section  6  of  the  act  of  1793,  and  '  fraudulent 
intent  "jfJUBt  be  found  by  the  jury  to  justify  a  judgment  of  vacatur  by 
the  court.  This  section  does  not  control  tlie  3*^  Grant  v.  Raymond, 
C  Pet..  247.— Marsiialu  Ch.  J.  :   Sup.  Ct.,  18;i2. 

2.  The  Circuit  Coiirl.  in  a  civil  suit,  cannot  tleclaro  a  patent  void  ex» 
cept  for  the  causes  speeilied  in  this  section.  If  the  pati  nt  is  defective 
for  nnv  other  cause,  ihe  verdict  must  \>e  general  for  the  defendant. 
Whitney  v.  EmmrU,  Bald..  321.— HaUiwix,  J.  ;   Pa.,  ISJl. 

3.  Under  this  gection,  the  Circuit  Courts  of  the  United  States  have 
exclusive  jurisdiction  in  suits  where  the  patent  may  bo  declared  void. 
Parsons  v.  Barnaul,  7  Johns,  144.— Cvriam  ;   N.  Y.,  IHIO.      WiLon  v. 

Wo'niuorUi,  H  Paige,  134. — Walwortii,  Chan.;   N.  Y..  1H40. 

.See  also  notes  to  act  of  183C,  §  15,  and  Digest  Pat.  Casbs,  title 
General  Issie. 

Section  7.  And  be  it  fifrf/wr  <narted^  That  where  any 
Stale,  before  its  adoption  of  the  present  form  of  govern- 
ment, Khrill  have  crrantod  an  excluxivo  ritrht  to  any  inven- 
tion, th«.'  I>.'irty,  (l.-iiiniiig  tliat  ri^lit,  shall  not  be  cajiablc 
of  obtiiinint;  an  cxchisivo  rij^ht  tinder  this  act,  but  on 
relinquisliin^  hin  ri;:;ht  unilcr  such  particular  State,  and 
of  Hiich  ri'lin<|uisliment,  liiH  obtainini;  an  exclusi\e  right 
under  this  act  sliall  be  Huflicicnt  evidence. 

SEcnux  b.  And  be  it  further  utactid.  That  the  per- 
■on»,  whose  applications  for  patents,  were,  at  the  time 
of  passing  this  act,  depending  before  the  Secretary  of 


PATENT  LAWS.  93 


ACT  OF   1793,   CHAP.    11,    §§  9,  10.  OBSOLETE. 


State,  Secretary  at  War,  and  Attorney-General,  acrortling 
to  the  ac-t  passed  the  second  session  of  the  first  Congress, 
intituletl  "  An  act  to  promote  the  jtrogress  of  useful  aits," 
on  comphing  with  the  conditions  of  this  act,  and  paying 
the  fees  herein  required,  may  pursue  their  respective  chiims 
to  a  patent  under  the  same. 

Sectiox  9.  And  be  it  further  enacted^  That  in  case 
of  interfering  applications,  the  same  shall  be  submitted 
to  the  arbitration  of  three  person*,  one  of  whom  shall  be 
chosen  by  each  of  the  applicants,  and  the  third  person 
ehall  be  appointed  by  the  Secretary  of  State  {a) ;  and  the 
decision  or  award  of  such  arbitrators,  delivered  to  the 
Secretary  of  State  in  writing,  and  subscribed  by  them,  or 
any  two  of  them,  shall  be  final,  as  far  as  respects  the 
granting  of  the  patent:  And  if  either  of  the  applicants 
shall  refuse  or  fail  to  choose  an  arbitrator,  the  patent  shall 
issue  to  the  opposite  party,  {h)  And  where  there  shall 
be  more  than  two  interfering  applications,  and  the  par- 
ties applying  shall  not  all  unite  in  appointing  three  ar- 
bitrators, it  shall  be  in  the  power  of  tlie  Secretary  of 
State  to  appoint  three  arbitrators  for  the  purpose. 

{a)  An  inventor  filed  a  dejoription  of  hia  alle^d  invention  in  1802, 
as  required  by  section  :<  of  the  act  of '1793,  and  took  no  further  6tep 
until  1814,  whcu  another  person  made  application  for  a  patent  for  tho 
same  invention ;  Held,  that  there  was  no  hmitation  of  time  within 
•vs'hich  a  patent  must  be  taken  out  after  specification  tiled,  and  that  tho 
facts  made  a  case  of  interference,  to  be  arbitrated  under  this  section. 
Anon.,  5  Opin.,  701.— Rfsii,  .\tty.-Gen. ;   18U. 

(fe)  The  refusid  of  a  defendant  to  submit  his  claim  to  arbitration  un- 
der this  section,  and  his  subsequently  obtaining  a  patent  therefor,  is 
not  conclusive  evidence,  in  a  proceeding  under  section  10,  that  such, 
patent  wa.^  obtained  surreptitiously.  Stearnes  v.  Barrett,  1  Mass.,  174. 
— Story,  J.;  Mass.,  1S16. 

Section  10.  And  be  it  further  enacted.  That  upoa 
oath  or  aflii-matiou  being  made  before  the  judge  of  the 


94  PATEXT   LAWS. 


Acr^r  1793,  coap.  11,  §  10. 


District  Court,  where  the  |)atentee,  liis  cxoc-utors,  ndmin- 
i.'^trators,  or  .-ij-siixiis  rc-idc,  that  any  patent,  which  shall 
be  issiu'd  in  puihuunce  of  this  act,  was  obtained  Mirrepti- 
tiuusly,  or  upon  false  suggestion,  and  motion  made  to 
the  said  court,  witliin  three  years  after  issuing  the  said 
patent,  but  not  afterwards,  it  shall  and  may  be  luwful  fur 
the  judge  of  the  said  District  Court,  if  the  matter  alleged 
shall  aj>pear  to  him  to  be  sufficient,  to  grant  a  rule,  that 
the  patt-nlee,  or  his  executor,  adniiuistratur  or  assign  show 
cause  why  process  shouhl  not  issue  against  him  to  repeal 
such  patent.  And  if  sullicient  cause  shall  not  be  shown 
to  the  conlrar}',  the  rule  shall  be  made  absolute,  and 
thereupon  the  said  judge  shall  order  process  to  be  issued 
against  such  patentee,  or  his  executors,  administrators  or 
assigns,  with  costs  of  suit.  And  in  c:ise  no  sufficient 
cause  shall  be  shown  to  the  contrary,  or  if  it  shall  appear 
thai  the  patentee  was  not  the  true  inventor  or  discoverer, 
judgment  shall  be  rendered  by  such  court  for  the  repeal 
of  such  jiatent ;  and  if  the  party,  at  whose  conij)laint  the 
j)rucehs  issued,  shall  have  judguient  given  against  him,  he 
Bhall  pay  all  such  costs  as  the  dcfeiulant  shall  be  j)Ut  to 
in  defending  the  suit,  to  be  taxed  by  the  court,  and  re- 
covered in  due  course  of  law. 

1.  Tlic  jurisdirtlon  (Hvcn  to  tho  Dintrict  Court,  under  tliin  noction, 
tp|)UcH  on  J  to  ^a^e«  in  whii-li  iho  pali-nt  hna  boon  obl<iiiir-d  by  frnud, 
(iiirrcptitioiiiily,  liy  ialwj  miffP'Sli'Ui,  or  by  Moiiio  wilful  iiiisroprescnla- 
tion  and  dcxvpliuii.  DtUno  v.  ikotL,  Uilpiu,  41)3. — lIoi'U.vsux,  J. ; 
Pa.,  1H31. 

'I.  The  nummary  proco'-dlnj?  under  thui  Boclion  is  jf'^cn  to  protect 
tho  public  fiom  m.itnfvHt  fraud,  in  taking  out  patcDtn  (tho  feed  uf  ofllco 
being  no  clieck),  for  known  and  commuu  tliin^H.     Ibid.,  49 1. 

3.  It  jfircfl  tin.'  jMiwor  lo  any  person  to  call  u|k>u  a  patontco  for  an 
examination  of  bin  ri^lit,  and  have  it  repealed,  if  it  shall  bo  found  that 
be  is  not  cntitl-d  lo  it.     Ibui,  '>(iO. 

i.  Prococdingii  under  this  section,  upon  the  rule  ni«i,  aro  not  conclu* 


PATENT  LAWS.  95 


ACT  OF   1793,    CHAP.    11,  §    11. 


sive.  The  process  awarded,  upon  makinp;  the  rule  ab.solute,  is  in  tlie 
nature  of  a  scire  facias,  and  id  not  final.  St  arii'S  v.  Jiarrdt.  1  Mass., 
1<;5. — Story,  J. ;  Mass.,  1810.  Wood  ii  Brundaje,  Ex  parte.  9  Whoat., 
615.— SroKY.  J. ;  Sup.  Ct.,  1824.  jAlano  v.  Sett,  Giijiin,  49&.— IIoP- 
KINSOX.  J.;  Pa.,  1831.  Contua,  McGaw  v.  Bryan,  1  U.  S.  Law  Jour., 
98.— Van  Ntss.  J. ;  X.  Y.,  1822. 

5.  In  pioccodinpr.s  under  this  section,  ihe  United  States  will  not  l>o 
substituted  as  plaintiCTs,  in  place  of  tiie  patentee.  Wood  v.  Williams, 
Gilpin,  520.  521.— IIorKixsoN,  J.;  Ta.,  1831. 

See  also  Digest  Pat.  Cases,  title  Oouets,  B.  3. 

Section  11,  And  be  it  further  enacted^  That  every  in- 
ventor, before  he  presents  his  petition  to  the  Secretary 
of  State,  signifying  his  desire  of  obtaining  a  patent,  shall 
pay  into  the  treasury  thirty  dollars,  for  which  he  shall 
take  duplicate  receipts;  one  of  which  receipts  he  shall 
deliver  to  the  Secretary  of  State,  when  he  presents  his 
petition ;  and  the  money  thus  paid,  shall  be  in  full  for 
the  sundry  services  to  be  performed  in  the  office  of  the 
Secretary  of  State,  consequent  on  such  petition,  and  shall 
pass  to  tlie  account  of  clerk-hire  in  that  office.  Provided 
fievtrt/u'liss,  That  for  every  copy,  which  may  be  required 
at  the  said  office,  of  any  paper  respecting  any  patent  that 
has  been  granted,  the  person,  obtaining  such  copy,  shall 
pay,  at  the  rate  of  twenty  cents,  for  every  copy-sheet  of 
one  hundred  words,  and  for  every  copy  of  a  drawing,  the 
party  obtaining  the  same,  shall  pay  two  dollars,  of  which 
payments,  an  account  shall  be  rendered,  annually,  to  the 
treasury  of  the  United  States,  and  they  shall  also  pass  to 
the  account  of  clerk-hiie  in  the  office  of  the  Secretary  of 
State.  ? 

1.  A  defendant,  being  permitted  under  section  G  of  the  act  of  1793, 
to  set  up  tlie  defence  that  the  plaintiff's  specific;\tion  does  not  contain 
the  whole  truth,  he  has,  under  this  section,  a  right  to  call  for  and  liave 
a  copy  of  the  plaintifl"3  specidcation,  and  no  conditions  can  be  imposed 
upon  the  use  of  such  copy.  Anon.,  1  Opin.,  376. — Wlrt,  Atty.-Gen.' 
1820. 


09  PATENT  LAWS. 


OBBOLXTB.  ACT  Or   1794,  CHAP.  68. 


2.  The  provino  to  this  section  cannot  bo  considprod  ne  Ojioninp:  to  all 
persons,  indiscriininatfly,  the  right  to  demand  copies  of  pnpors  respect- 
ing patents  granted  to  others.  As  to  otiiers  than  a  defendant,  as  pro- 
Tided  for  in  section  C,  it  rests  in  the  duscTCtion  of  tlic  department 
•whether  copies  shall  be  fiimishcd  or  refused.  Anotu,  1  Opin ,  718. — 
WiKT,  Atly.-Gcn.;   1825. 

Section  12.  An>/  be  it  further  enacted^  That  the  act, 
passed  the  tenth  day  of  April,  hi  the  year  one  thousand 
seven  hundred  and  ninety,  intituled  "An  act  to  prumote 
the  progress  of  useful  arts,"  be,  and  the  same  is  hereby 
repealed.  ProvUlnI  altraijs^  Tliat  nothing  contained  in 
this  act,  shall  be  construed  to  invalidate  any  patent  that 
may  have  been  granted  under  the  authority  of  the  said 
act ;  and  all  patentees  under  the  said  act,  their  executors, 
administrators,  or  assigns,  shall  be  considered  within  the 
purview  of  this  act,  in  respect  to  the  violation  of  their 
rights ;  provided  such  violations  shall  be  committed  al'ter 
the  passing  of  this  act. 

Approved  February  21st,  1793. 

ACT    OF     1V94,    CHAPTER    68. 
(1  Statutes  at  Lakge,  393.) 

[Obsolete:  lifpenlfd  by  Act  o/1838,  §  21.] 

An  Act  supplementary  to  the  act  intituled  "  An  act  to 

promote  the  progress  of  useful  arts." 

Be  it  enacted  Inj  the  Senate  and  House  of  Representa- 
tives of  the  United  States  of  America  in  Conynss  assetn- 
Ucdy  That  all  suits,  actions,  process,  and  proceedings, 
heretofore  had  in  any  District  Court  of  the  United  States, 
under  an  act  ])asscd  the  tenth  day  of  April,  in  the  year 
one  thousand  seven  hundred  and  ninety,  intituled  "  An 


PATENT    LAWS.  97 


ACT  or   1800,   CHAP.   26,   §  L  OBSOLKTX. 


act  to  promote  the  progress  of  useful  arts,"  which  may 
have  been  set  aside,  8usp(n<k'<l,  or  abated,  by  ri-ason  of 
the  repeal  of  the  said  act,  may  be  restored,  at  the  instance 
of  the  pliiintilf  or  defendant,  within  one  year  from  and 
after  the  passinjj^  of  this  act,  in  the  said  courts,  to  the 
same  situation,  in  which  they  may  have  been,  wlien  tliey 
were  so  set  aside,  suspended,  or  abated;  and  that  the 
parties  to  the  said  suits,  actions,  ])rocess,  or  proceedings, 
be,  and  are  hereby  entitled  to  proceed  in  such  cases  »* 
if  no  such  repeal  of  tlic  act  aforesaid  had  taken  jdace. 
.Prov'uhd  alirai/s,  That  before  any  order  or  proceeding, 
other  than  that  lor  continuing  the  same  suits,  after  the 
reinstating  tliereof,  shall  be  entered  or  had,  the  defendant 
or  plaintiff,  as  the  case  may  be,  against  whom  the  same 
may  have  been  reinstated,  shall  be  brought  into  court  by 
summons,  attachment,  or  such  other  proceeding,  as  is 
used  in  other  cases  for  compelling  the  appearance  of  a 
party. 

Approved  Jime  7th,  1794. 

ACT    OF    1800,   CHAPTER    25. 

2  Statutes  at  Large,  37. 

[Ohsoletc:  Repealed  by  Act  o/1836,  §  21.] 

An  Act  to  extend  the  i)rivilcge  of  obtaining  patents  for 
useful   discoveries  and  inventions,   to  certain   persons 
tlierein  mentioned,  and  to  enlarge  and  define  the  pen 
alties  for  violating  the  rights  of  patentees. 
Sectiox  1.  -Be  it  enacted  by  tJie  St7iate  and  House  of 
Keprescntatives  of  the  United  States  of  America  in  Con- 
gress  assembled^  That  all  and  singular  the  rights  and 
6 


08  PATENT  LAWS. 


ODSOLKTK.  ACT  OF   1800,   CHAP.   25,   g  1. 


privileges  piven,  inten«k'tl  or  jTuviiU'd  to  cilizenB  of  the 
UnitiMl  Stairs,  rcsin'ctiiiL;  ji.itfnts  lV>r  new  inventions,  dis- 
covcrios  and  iniprovenienls,  by  the  act  intituled  "An  act 
to  promote  the  progress  of  useful  arts,  and  to  repeal  the 
act  lierotoforc  made  for  that  purpose,"  shall  be,  and  here- 
by are  extended  and  ijiven  to  all  aliens  who  at  the  time 
of  petitioning  in  the  manner  prescribed  by  tlie  said  act, 
sliall  have  resided  for  two  years  within  the  United  State", 
which  privileges  shall  be  obtained,  used,  and  enjoyed,  by 
such  persons,  in  as  full  and  ample  manner,  and  urxicr  the 
same  conditions,  liriiiiations  and  restrictions,  as  by  the 
said  act  is  provided  and  directed  in  the  case  of  citizens 
of  the  United  States.  J^rovuhd  ahr<n/s.  That  every  per- 
son petitioning  for  a  patent  f«)r  any  invention,  art  or 
discovery,  pursuant  to  this  act,  shall  make  oath  or  aflirma- 
tion  before  some  ])crson  duly  authorized  to  administer 
oaths  before  sucli  jiatent  sh:i!l  be  granted,  that  such 
invention,  art  or  discovery  hath  not,  to  the  best  of  his 
or  her  knowledge  or  belief,  been  knovn  or  used  cither 
in  this  or  any  foreign  country,  and  that  every  patent 
■which  shall  be  obtained  pursuant  to  this  act,  for  any 
invention,  art  or  discovery,  which  it  shall  afterward 
appear  had  been  known  or  usctl  previous  to  such  applica- 
tion for  a  patent  shall  be  utterly  void. 

1.  Under  tliis  uct  a  forcipncr,  though  havinp  resided  within  tlio 
United  Stales  for  moro  tlinii  two  years,  could  not  have  a  patent  for  an 
invention  operated  by  liim  in  another  country  before  ho  came  here,  as 
hn  could  not  take  tiie  ojith  required  by  this  statute.  Dujdal'a  Casf, 
1  Opin  ,  332.— W HIT,  Ally.-(].'n.;    18J0. 

2.  Uy  the  provixionK  *..i  this  act,  tiikeu  in  connection  with  thoso  of 
the  act  of  M'Xi.  citi/.ens  and  alien.s  are  placed  substantially  upon  tlio 
B.ntno  ground  nn  to  u  rifflit  to  a  patent  when  the  invention  ha.i  not  been 
known  or  uned  bct'oro  it  was  patented.  In  both  cases  the  right  w  to 
bo  tested  by  tlio  Karno  rule.  S)uiw  v.  Cooper,  1  PeL,  31C. — McLean, 
J.;  Sup.  Ct.,  1833. 


PATENT  LAWS.  99 


ACT  OF  1800,  onAP.  25,  §§  1-3.  obsolete. 

.1.  Where  a  person  made  nn  invention  in  Knplnnd.  in  181.1  or  1814, 
and  before  coniini^  to  this  countn-  made  i<iiown  his  invention  to  othcra, 
and  phortly  nftcr  coininjr  hero  diselost-d  it,  in  I  SI  7,  to  nn  individual 
here,  and  in  1M7  or  IslH,  the  invention  was  sold  in  Kngland,  and  ."oon 
ofler  went  into  use  tliere  ami  in  France,  and  Biib.seqnently,  in  1822, 
the  inventor  to^k  out  a  patent  hero;  Urld,  that  there  had  been  such  a 
public  use  of  the  invention,  without  an  assertion  of  ri(.'lit  on  tiio  part 
of  the  iuveutor,  as  rendered  the  patent  void.     IbtcL,  318-323. 

Section  2.  And  be  it  farther  enacted,  That  where  any 
person  lialh  made,  or  shall  liavc  made,  any  now  invention, 
discovery  or  improvement  on  account  of  which  a  patent 
might,  by  virtue  of  this  or  the  above-mentioned  act,  bo 
granted  to  such  person,  and  shall  die  before  any  patent 
shall  be  granted  therefor,  the  right  of  applying  for  and 
obtaining  such  patent,  shall  devolve  on  the  legal  repre- 
sentatives of  such  person  in  trust  for  the  heirs-at-law  of 
the  deceased,  in  case  he  shall  have  died  intestate;  but  if 
otherwise,  then  in  trust  for  his  devisees,  in  as  full  ami 
ample  manner,  and  under  the  same  conditions,  limitations 
and  restrictions,  as  the  same  was  held,  or  might  have 
been  claimed  or  enjoyed  by  such  ])erson,  in  his  or  her 
lifetime ;  and  when  apj)lication  for  a  patent  shall  be 
made  by  such  legal  representatives,  the  oath  or  affirma- 
tion, provided  in  the  third  section  of  the  before-mentioned 
act,  shall  be  so  varied  as  to  be  applicable  to  them. 

Section  3.  And  be  it  further  enacted.  That  where  any 
patent  shall  be,  or  shall  have  been  granted  pursuant  to 
this  or  the  above-mentioned  act,  and  any  person  witliout 
the  consent  of  the  patentee,  his  or  her  executors,  admin- 
istrators, or  assigns,  first  obtained  in  writing,  shall  make, 
devise,  use,  or  sell  («■/)  the  thing  whereof  the  exclusive 
right  is  secured  to  the  said  patentee  by  sucli  patent,  such 
person  so  offending  shall  forfeit  and  pay  to  the  said  pat- 
entee, his  executors,  administrators,  or  assigns,   a  fum 


100  PATENT   LAWS. 


OOaOLBTB.  ACT  OF   1800,   CHAP.   25,   §§  3,  4. 

equal  to  tliree  times  the  ftotual  tlamajje  (/»)  sustained  Ity 
8uc!i  jiati'titee,  his  executors,  ailiiiinistrators,  or  ashigiis, 
fro:ii  or  by  reason  of  such  oflence,  which  sum  shall  and 
may  be  roco\ered  by  action  ('•)  on  the  case  founded  on 
this  and  the  above-mentioned  act,  in  the  circuit  court  of 
the  United  States,  having  jurisdiction  thereof. 

(a)  This  section  pivcs  an  action  al;.'>itl^t  nnv  one  who  shall  "make, 
doviso,  113'^,  or  si'll."  tbo  tliinj?  p.nteiitcd,  .iiid  lakes  the  place  of  aectioa 
6  of  the  oct  of  179.'l,  which  gavo  an  action  a;,'ainst  aiiv  one  who  should 
"make,  devise,  and  iipe,  or  sell."  Tliis  diaii^re  was  made  because  of 
some  doubt  whcllicr  the  language  of  .sfction  5  of  the  oct  of  17y3  did 
not  couple  the  making  and  us.ug  together  to  con><litute  an  olTcnco,  so 
that  making  without  using,  or  using  without  making,  was  not  an  in* 
fringement.  Whittemore  v.  Cutter,  1  Gall,  432. — Stouy,  J. ;  Mass., 
1813.     Evans  v.  Jordan.  1  Drook.,  '_>:)2.— MaksiiaU.,  Cli.  J.;   Va.,  1813. 

{b)  1.  Under  thi.s  section  the  jury  And  single  damages,  and  tlie  court 
treble  Ihem  in  awaniiug  judgment.  IajW':U  v.  Ltnis,  1  Mass.,  1S5.^ 
Story,  J.;  .Mass..  IsiT. 

2.  Tnder  this  section,  if  the  jury  find  for  the  pl.Tintiff,  they  are  to 
find  the  actual  damages  sustained  I'V  him.  The  court  will  treble  them. 
Cray  T.  Ju/-(M,  Pet.  C.  C,  403.— Wasui.nt.ton,  J.;  Pa.,  1817.  Emui 
V.  lidtik.  3  Wash..  422.— WASnisc.Tox,  J.;   Pa..  1818. 

3.  This  Fcetion  fixed  the  amount  of  recovery  at  three  times  the  actual 
damage  sustained  Trebling  the  damages,  under  the  act  of  1 33G.  rests 
with  the  di.scretion  of  tlie  court.  Guijon  v.  Serrell,  1  Blatchf.,  245. — 
XEI..SON,  J.:  N.  Y.,  1817. 

(c)  1.  This  .section  gave  jurisdiction  only  in  actions  on  the  case; 
Held,  therefore,  that  a  suit  in  equity,  respecting  a  patent,  in  order  to  bo 
cognizable  by  tJio  circuit  courts,  must  como  within  the  piovisions  of 
tiie  judiciary  act  of  1789,  as  to  citizenship  of  parties,  and  lliat  whcra 
the  parties  were  all  residents  of  the  same  Stat<\  such  courts  had  not 
juris(Uction.  Livinjston  v.  Van  Jnijen,  1  Paine,  48,  64. — LlviXG8T0>f, 
J.;   N.  Y.,  IHll. 

2.  This  deft-ct  was  afterwards  remedied  by  tlie  act  of  1819,  chap.  19 

Seciion  4.  And  be  it  further  enacted,  That  the  fifth 
section  of  the  above-mentioned  act,  intituled  "An  act  to 
promote  the  progress  of  useful  arts,  and  to  repeal  the  act 
hert'tofoi  e  made  for  that  purpose,"  sh;dl  bo  and  hereby  U 
repealed. 

Approved  Aj.ril  ITth,  1800. 


PATENT  LAWS.  101 


ACT  or  1819,  CHAP.  19. 


ACT    OF     1819,     CHAPTER     10. 

(3  Statutes  at  Large,  481.) 

[Obsolete  :  Repealed  by  Act  of  1836,  §  21.] 

An  Act  to  extend  the  jurisdiction  of  the  Circuit  Courts 

of  the  United  States  to  cases  arising  under  the  law 

relating  to  patents  : 

Be  it  enacted  by  the  Senate  and  House  of  Representor 
fives  of  the  United  States  of  America  in  Com/ress  assem- 
bled^ That  the  Circuit  Courts  of  the  United  States  shall 
have  original  cognizance,  as  well  in  equity  as  at  law,  of 
all  actions,  suits,  controversies,  and  cases,  arising  under 
any  law  of  the  United  States,  granting  or  confirming  to 
authors  or  inventors  the  exclusive  right  to  their  respec- 
tive writings,  inventions,  and  discoveries  :  and  upon  any 
bill  in  equity,  filed  by  any  party  aggrieved  in  any  such 
cases,  shall  have  authority  to  grant  injunctions,  accord- 
ing to  the  course  and  principles  of  courts  of  equity,  to 
prevent  the  violation  of  the  rights  of  any  authors  or  in- 
ventors, secured  to  them  by  any  laws  of  the  United 
States,  on  such  terms  and  conditions  as  the  said  courts 
may  deem  fit  and  reasonable :  Provided^  hoicever,  That 
from  all  judgments  and  decrees  of  any  Circuit  Courts,  ren- 
dered in  the  premises,  a  writ  of  error  or  appeal,  as  the 
case  may  require,  shall  lie  to  the  Supreme  Court  of  the 
United  States,  in  the  same  mnnner,  and  under  the  same 
circumstances,  as  is  now  provided  l)y  law  in  other  judg- 
ments and  decrees  of  such  Circuit  Courts. 

Approved  February  loth,  1819. 

1.  This  act  removed  the  defect  that  eiistod  under  the  act  of  1800, 
by  which  the  Circuit  Courts  did  not  have  jurisdictioQ  of  suits  in  equity, 


102  PATENT    LAWS. 


OBSOtETE.  ACT  OF   1832,   CHAP.    162,   §§  1,  2. 

except  in  actions  on  tho  case.     Livingston  v.  Van  Ingen,  1  Paine,  54 
(nolo).— Livingston.  .T.;  \.  Y..  1811. 

2.  Tliis  act  docs  not  enlarge  or  alter  tho  powers  of  the  court  OTor 
the  sill  jcct-ni.nttor  of  tho  c;iii!-o  of  action.  It  only  extendi  it.'<  jurisdio 
tion  to  parties  not  before  failing  within  it.  It  remove<l  the  olijfftion, 
thai  prior  to  it,  a  cili/.en  of  one  State  could  not  obtain  an  injunction  in 
tho  I'ircuit  (,'oiirt  for  a  violation  of  a  patcnt-ri(jlit,  against  a  citizen  of 
the  same  State,  and  pave  the  jurisdiction,  although  tlio  parties  were 
citizens  of  the  samo  State.  SuUivan  v.  Bed/ield,  1  Paine,  447,  448. — 
TuoMPSON,  J.;   N.  Y.,  1S25. 

3.  This  act  extends  the  jurisdiction  of  the  Circuit  Courts  to  all  cases 
at  law  and  in  eiiuity,  arising  under  ttic  patent  laws ;  but  there  is 
nothing  in  the  act  which,  either  in  terms  or  by  necessary  implication, 
rcndrrs  that  jurisdiction  exclusive.  BurraU  v.  Jewelt,  2  Paige,  145. — 
Walworth,  Chan.;   N.  Y.,  18:{0. 

4.  Tho  substance  of  this  enactment,  so  far  as  it  relates  to  the  subject 
of  patent-rights,  is  incorporated  into  section  17  of  the  act  of  1836. 
Stevms  V.  Gladding,  17  llow.,  455. — Clrtis,  J.;   Sup.  Ct.,  1854. 


ACT    OF    1832,   CHAPTER    162. 

4  Statutes  at  Large,  559. 

[Obsolete:  Repealed  hy  Act  of  183G,  §  21.] 
An  Act  concerning  patents  for  useful  inventions. 

Section  1.  lie  it  enartcd  by  the  Senate  and  Iloxise  of 
Jiijyrcstntdtivrs  of  thf  Unital  Staffs  of  Anurica  in  Con- 
yre-'<!**i-f-'<i  nihil  d^  That  it  shall  be  tho  duty  of  tho  Secretary 
of  State,  annually,  in  the  month  of  .Taniiary,  to  report  to 
Congress,  and  to  piililish  in  two  of  the  newspajiors  printed 
in  the  city  of  Washington,  a  list  of  all  the  patents  f«)r 
discoveries,  inventions,  and  improvements,  which  shall 
have  expired  within  the  year  immediately  preceding,  with 
the  names  of  the  patentees,  alphabetically  arranged. 

SEcrio.v  2.  And  be  it  further  enacted.  That  application 
to  Congress  lo  jtrolong  or  renew  the  term  of  a  patent, 
shall  be  made  before  its  expiration,  and  shall  be  notified 


Latent  laws.  loa 


ACT  OP   1832,   CHAP.    162,   §§  2,  3.  OBSOLETE. 

at  least  once  a  month,  for  thnn'  months  before  its  presen- 
tation, in  two  nc'\vs]>ai)irs  )irintttl  in  the  city  of  Wash- 
in2:ton,  and  in  one  of  tlie  newspapers  in  which  the  laws 
of  the  United  States  shall  be  jmblishcd  in  the  State  or 
Territory  in  which  the  patentee  shall  reside.  The  jjctition 
shall  set  forth  particularly  the  grounds  of  the  api)lieation. 
It  shall  be  vcritied  by  oath ;  the  evidence  in  its  support 
may  be  taken  before  any  judge  or  justice  of  the  peace;  it 
shall  be  accompanied  by  a  statement  of  the  ascertained 
value  of  the  discovery,  invention,  or  improvement,  and 
of  the  receipts  and  expenditures  of  the  patentee,  so  as  to 
exhibit  the  profit  or  loss  arising  therefrom. 

1.  Under  the  patent  laws,  prior  to  18;)6,  if  a  patent  was  renewed,  it 
was  3  new  grant,  indcpcnrlcnt  of  the  old,  and  tlie  patentee  was  entitled 
to  the  sole  and  exclusive  Ijcnclit  thereof,  unlesg  the  licensees  or  as- 
signees had,  by  their  original  grant,  secured  to  themselves  by  express 
covenant  or  grant,  a  rifjht  to  the  benefit  of  the  renewed  patent.  Wash- 
burn V.  Gould,  3  Story,  135. — Story,  J. ;  Mass.,  1844. 

2.  Prior  to  this  statute,  the  only  mode  of  prolonging  tho  term  of  a 
patent  beyond  the  original  grant,  was  by  means  of  private  acts  of  Con- 
gress upon  individual  applications.     Wilson  v.  Jiosscau,  4.  How.,  685. 

Nelson,  J. ;  Sup.  Ct.,  1S45. 

Section  3.  A?id  be  it  further  enacted,  That  wherever 
any  patent  which  has  been  heretofore,  or  shall  be  here- 
after, granted  to  any  inventor  in  pursuance  of  the  act  of 
Congress,  entitled  "  An  act  to  promote  the  progress  of 
useful  arts,  and  to  repeal  the  act  heretofore  made  for  that 
purpose,"  passed  on  the  twenty-first  day  of  February,  in 
the  year  of  our  Lord,  one  thousand  seven  hundred  and 
ninety-three,  or  of  any  of  the  acts  sujiplennntary  thereto, 
shall  be  invalid  or  inoperative,  by  reason  that  any  of  the 
terms  or  conditions  prescribed  in  the  third  section  of  the 
said  first-mentioned  act,  have  not,  by  inadvertence,  acci. 
dent,  or  mistake,  and  without  any  fraudulent  or  deceptive 


104  PATENT  LAWS. 


OBSOLETE.  ACT  OT    18:J2,    CDAP.    1G2,    §  3. 

intention,  boon  complied  with  on  the  part  of  the  said 
inventor,  it  shall  be  lawful  for  the  Secretary  of  State, 
upon  the  surrender  to  him  of  such  patent,  to  cause  a  new 
patent  to  be  granted  to  the  said  inventor  for  the  same 
invention  for  the  residue  of  tlie  period  then  unexpireil,  for 
which  the  original  patent  was  granted,  upon  his  compli- 
ance with  tlie  terms  and  conditions  prescribed  in  the  said 
third  section  of  the  said  act.  And,  in  case  of  his  death, 
or  any  assignment  by  him  made  of  the  same  patent,  the 
like  right  shall  vest  in  his  executors  and  administrators, 
or  assignee  or  assignees:  I^ovidnf,  /loircrf r,  That  such 
new  patent,  so  granted,  shall,  in  all  respects,  be  liable  to 
the  same  matters  of  objection  and  defence  as  ^ny  original 
patent  granted  under  the  said  first-mentioned  act.  But 
no  public  use  or  privilege  of  the  mvention  so  patented, 
derived  from  or  alter  the  grant  of  the  original  patentj 
either  under  any  special  license  of  the  inventor,  or  with- 
out the  consent  of  the  patentee  that  there  shall  be  a  free 
public  use  thereof,  shall,  in  any  manner,  prejudice  his 
right  of  recovery  for  any  use  or  violation  of  his  invention 
after  the  grant  of  such  new  patent  as  aforesaid. 
Approved  July  yd,  1832. 

1.  Tho  provision  of  this  section  is  siisceptiblo  of  but  one  construe- 
tion,  and  that  is.  tlint  tho  pntcnteo  may  sustain  an  action  for  anj  use 
or  violation  of  \nn  invoution,  afu-r  tijc  prniU  of  the  now  patent.  No 
prior  uso  of  a  (IcfcM'tivo  pait'iit  can  awthorizo  tho  use  of  t}io  invention 
after  tho  emanation  of  tho  ronowod  pntont.  StimpM>n  r.  WcAtchester  R. 
li.,  I  How.,  402.— McLean,  J.;  Sup.  Ct.,  ]8\r>. 

2.  To  privo  to  tho  palbnloo  tJio  fruit.-^  of  liis  invention  was  its  ohjoct, 
whicli  would  \k>  dofciittd,  if  a  right  could  Ik?  fouudo<l  on  a  uAe  subso- 
quont  to  the  ori^'inal  patent,  iind  prior  to  the  renewe<l  one.      Ibid..  't(>2. 

3.  Tlic  provJHo  of  tlii.s  Hectiou  i.s  in  iininnanco  of  the  prin«"ii)leH  laid 
down  by  tlie  .Supn-me  Court  in  Pentuxk  v.  IHakujur,  J  IVi.,  1  (ls'29);  in 
Grant  y.  limjmontl,  fJ  Vvi.,  2\\-2\b  (\KV1)\  and  in  Shaw  v.  Cooper,  7 
Pot,  311,  315  (18;!3j.  ilcClurg  v.  Kimj-land,  1  How.,  207.— Baldwix, 
J.;  tiup.  Cl,  I8i3. 


PATENT  LAWS.  105 


ACT  OF   1832,   CHAP.   203.  OBSOLETK. 

4.  As  the  exception  in  the  proviso  ia  hmited  to  the  use  of  the  inven- 
tion under  a  special  hot-nse  after  tiie  grant  of  the  original  patent,  it 
leaves  till"  use  jirior  to  the  :ipi)lication  for  such  patent  dearly  obnoxious 
to  the  princi|ilo  establislietl  in  I'unnnrk  v.  Dialoijuc,  2  Pet.,  1  ;  whereby 
the  patent  would  become  void.     Ibid.,  207. 


ACT     OF     1832,    CHAPTER    208. 
^  4  Statltes  at  Lar(;e,  577. 

[OUolete:  Repealed  hy  Act  o/1836,  §  21.] 

An  Act  concerning  the  issuing  of  patents  to  aliens,  for 
useful  discoveries  and  inventions. 

Be  it  €7iactedy  bi/  the  Senate  and  House  of  Represent- 
atives  of  the  United  States  of  America  in  Congress 
assembled.  That  the  privileges  granted  to  the  aliens  de- 
scribed in  the  first  section  of  the  act,  to  extend  the  privi- 
lege of  obtaining  patents  for  useful  discoveries  and  in- 
ventions to  certain  persons  therein  mentioned,  and  to 
enlarge  and  define  the  penalties  for  violating  the  rights 
of  patentees,  approved  April  seventeeiitii,  eighteen  hun- 
di"ed,  be  extended,  in  like  manner,  to  every  alien,  who, 
at  the  time  of  petitioning  for  a  patent,  shall  be  resident 
in  the  United  States,  and  shall  have  declared  his  inten- 
tion, according  to  law,  to  become  a  citizen  thereof:  Pro- 
vided, That  every  patent  granted  by  virtue  of  this  act 
and  the  privileges  thereto  appertaining,  shall  cease  and 
determine  and  become  absolutely  void  without  resort  to 
any  legal  process  to  annul  or  cancel  the  same  in  case  of  a 
failure  on  the  part  of  any  patentee,  for  the  space  of  one 
year  fiom  the  issuing  thereof,  to  introduce  into  public 
use  in  the  United  States  the  invention  or  improvement 
for  which  the  patent  shall  be  issued ;  or  in  case  the  same 
5* 


IM  PATENT   LAWS. 


ACT  or  1836,  CUAP.  367,  §  1. 


for  any  period  of  six  months  after  such  introduction  shall 
not  continue  to  be  jiuldioly  used  and  apjilicd  in  the 
United  States,  or  in  ease  of  failure  to  become  a  citizen  of 
the  I'nited  States,  aj^reeably  to  notice  given  at  the  earli- 
est period  within  which  he  shall  be  entitled  to  become  a 
citizen  of  the  United  States. 
Approved  July  13th,  1832. 

ACT    OF     183C,    CHAPTER    357. 

5  Statutes  at  Large,  117. 

[This  Act  sdll  in  Force.] 

An  Act  to  promote  the  progress  of  the  useful  arts,  and 
to  repeal  all  acts  and  parts  of  acts  heretofore  made  for 
-that  purpose,  (a) 

Section  1.  J)e  it  enacted  by  the  Senate  and  House  of 
Jirpresentatives  of  the  United  States  of  America  in  Con- 
gress assci/th/e(f,  That  there  shall  be  establislied  and  at- 
tached to  the  Department  of  State  (A)  an  othce  to  bo 
denominated  the  Patent  Office,  the  chief  officer  of  which 
shall  be  callc<l  the  Coniniissioner  of  Patents,  to  be  ap- 
jKiinted  by  the  President,  by  and  with  the  advice  and 
consent  of  the  Senate,  whose  duty  it  shall  be,  under  the 
direction  of  the  Secretary  of  State,  to  superintend,  exe- 
cute, and  i)erform  all  such  acts  and  things  toiu-hing  and 
respecting  the  granting  and  issuing  of  patents  for  new 
and  useful  discoveries,  inventions,  and  improvements,  as 
are  herein  provided  for,  or  shall  hereafter  be,  by  law, 
directed  to  be  done  and  performed,  and  shall  have  the 
charge  and  cusioily  of  all  the  books,  records,  papers, 
models,  machines,  and  all  other  things  belongitig  to  said 


PATENT   LAWS.  107 


ACT  OP   1836,   CHAP.   357,   §  1.  IN  FORCE. 

office.  ■  Ami  saifl  Commissioner  shall  receive  the  same 
conipc'iisatioii  ('•)  as  is  allowed  by  law  to  the  Commis- 
sioner of  the  Indian  T)i'j»;irtmi'nt,  and  shall  be  entitled  to 
send  and  receive  letters  and  packages  by  mail,  relating  to 
the  business  of  the  office,  free  of  postage,  {d) 

(a)  Policy  of  the  Patent  Laws. 

1.  Many  of  the  provisions  of  our  patent  acts  are  derived  from  the 
principles  and  practice  vrliich  have  prevailed  in  Knfj:land.  And  though 
the  known  and  settled  construction  of  the  Knplish  statute  of  Monopo- 
lies, by  tiieir  coiirts  of  law,  has  not  been  received  by  our  courts  with 
nil  the  weiirlit  of  authority,  yet  tlie  construction  of  that  statute  by  the 
Knglish  courts,  and  the  principles  and  practice  which  have  regulated 
the  grants  of  Englisli  p,itcnts  aflbrd  materials  to  illustrate  our  statute^ 
Pennncky.  Dialogue,  2  Pet.,  18.— Stouy,  .1. ;  Sup.  Ct.,  1829. 

2.  The  intention  of  the  patent  laws  is  to  promote  the  progress  of  the 
useful  arts,  by  the  benefits  granted  to  inventors,  not  by  those  accruing 
to  the  ])ublic,  after  the  patent  has  expired,  as  in  England.  Intended 
for  their  I)enefit  and  security,  the  law  should  be  construed  favorably 
and  beneficially  in  fiivor  of  patentees.  Whitney  v.  Emmett,  Bald., 
3-21-32:{.— Balpwik,  J.;  Pa,  18;il. 

3.  The  settled  purpose  of  the  United  States  has  ever  been  to  confer 
on  the  authors  of  useful  inventions  an  exclusive  right  in  their  inven- 
tions for  the  time  mentioned  in  their  patent.  It  is  the  reward  stipu- 
lated for  tlie  advantages  derived  by  the  public  from  the  exertions  of 
the  individual,  and  is  intended  as  a  stimulus  to  those  exertions.  The 
laws  passed  for  such  purpose  should  be  construed  in  the  spirit  in 
which  they  have  been  passed,  and  should  be  fairly  executed  by  the 
United  States.  Grant  v.  Raymond,  6  Pet.,  241,  242. — Marshall,  Ch. 
J.;  Sup.  Ct.,  1S32. 

4.  The  great  object  and  intention  of  the  patent  acts  is  to  secure  to 
the  public  the  advantages  to  be  derived  from  the  discoveries  of  indi- 
viduals, and  the  means  it  employs  are  the  compensation  made  to  those 
individuals  for  the  time  and  labor  devoted  to  those  discoveries,  by  the 
exclusive  right  to  make,  use,  and  sell  the  thing  discovered  for  a  limited 
time.     Ibid.,  24."^. 

5.  Tiie  Constitution  of  the  United  States,  in  giving  authority  to  Con- 
gress to  grant  patents  for  a  limited  period,  declares  the  object  to  be  to 
promote  the  progress  of  science  and  the  useful  arts,  an  object  as  truly 
national  and  meritorious,  and  well  founded  in  public  policy,  as  any 
which  can  possibly  be  within  tlie  scope  of  national  protection.  Hence 
it  has  always  been  the  course  of  the  American  courts — and  latterly  of 
the  Englsh — to  construe  patents  fairly  and  liberally,  and  not  subject 
them  to  auv  overnice  and  critical  refinements.     Anus  v.  Howard,  1 


108  PATENT   LAWS. 


or  roRcB,  ACT  or  1836.  chap.  367,  §  1. 


Sumn    485— Story.  J.;  Mans..  1833.     Blanchard  v.  Sprague,  3  Sumn., 
6U9.  540. — Stobt.  J.;   Mass.,  183;>. 

G.  Tho  patent  law  jriveH  to  iiiventora  a  monopoly,  but  not  in  an 
otli"U3  Bonsc.  It  takes  notliiun:  from  the  i-ommunily  at  larpc,  but 
Bct-urcs  to  tlioni  tlic  proatoRt  licnctit.'^.  To  BCfiiro  to  invontors  the 
remuneration  for  tlioir  time,  inpcniiiiy,  nnd  ex{X'nso,  a  lilieral  construc- 
tion should  bo  (liven  to  the  law.  liniok.s  v,  BirkneU,  3  MeLoan,  4:!7. — 
McLean-,  J.;  Ohio,  1844.  Parker  v.  J/<iworth,  4  Mel^an,  :»72.— Mc- 
Lean, J.;  111.,  184S.  Parker  V.  Stik.i.  6  McLean,  54,  6G.— Leavitt, 
J.;  Ohio,  1849.  Bloomer  v.  StolU-y,  5  McLean,  162.— McLean,  J.; 
Ohio,  1830.  Parker  v.  Sears,  MS.— Giuer,  J.;  Pa..  1850.  Go>4\iear 
V.  Railroads,  2  Wall,  Jr.,  363. — GniER,  J.;  N.  J.,  1833.  Allen  v.  //«n- 
(«-,  C  McLean,  300.— McLkan.  J. ;  Ohio,  IS.'ir.. 

7.  ratonU<  are  not  to  be  treated  as  mere  monopolies,  odious  in  the 
eyes  of  tiie  law,  and  therefore  not  to  be  favored ;  nor  are  they  to  be 
construed  with  the  utmost  ripor,  as  Mr ictissiini  juris.  Ames  v.  Uoward, 
I  Sumn.,  4S5. — Stohy,  J.;   Mass.,  1833. 

8.  Tlio  patent  laws  are  not  made  to  encourape  monopoliee  of  what 
before  belonged  to  others,  or  to  the  public — which  is  the  true  idea  of  a 
monopoly — but  the  desipn  is  to  enconrnpo  penius  in  advancinp  tho 
aria,  llirough  Hcience  and  inpenuity,  by  protectinp  its  prodmtious  of 
what  did  not  before  exist,  and  of  what  never  belonped  to  another  per- 
Bon,  or  the  public.  DaioU  v.  Brown,  1  Wood.  &  Min.,  57. — Woodbury, 
J.;   Mas.s.,  1845. 

9.  Tho  patent  acts  have  been  passed  for  the  promotion  of  the  useful 
arts — for  tho  ultimate  benefit  of  tho  republic,  and  not  for  tho  solo 
benefit  of  inventors  and  patentees.  It  is  for  the  ultimate  benefit  of  the 
public,  that  privilepes  are  pranlod  to  inventors,  allowed  to  operate,  and 
protected  fur  limited  times  for  their  direct  l>enerus.  Dai/  v.  rmon  Rub. 
Ok,  3  Blatchf,  500.— HaluJ.;  N.  Y.,  1856.  KendiM^.  W'wsor,  21 
JIow.,  327,  328.— Daniel,  J.;  Sup.  Ct.,  1858. 

10.  The  power  granted  by  the  patent  laws  is  domestic  in  its  chamo- 
ter,  aud  neossarily  confined  within  the  limits  of  the  rnitetl  Stales. 
The  patent  acts  do  not  and  were  not  iutendiMl  to  o|>erttte  beyood  the  lim- 
its of  the  United  Stiites.  and  the  patentee's  ripht  of  jiroiwrty  and  exclu- 
sive use  cannot  extend  beyond  llio  limits  to  which  the  law  itself  is  con- 
lined.    Broun  v  Dwhrmw,  \'J  How..  195,- Taney,  ("h. .1. ;  Sup.  Ct.,  1856. 

See  also  I>i(iFaT  I'at.  C.v8E.s,  title  Patent,  1'.  1;  Statite.s,  B.  3. 

{li)  The  Patent  Office  is  now  atliiched  to  the  Department  of  the  In- 
terior, and  the  SecreUiry  of  the  Int«.'rior  |>orforins  all  the  duties  con- 
nected therewith  formerly  devolving  uiK>n  tho  Secretary  of  Slate.  Act 
of  184;».  8  2. 

(c)  Salary  now  Qxed  nt  $4,500.     Act  on86l,  §  4. 

(d)  Tho  franking  jrivilego  was  annulled  by  tho  "  Act  to  reduce  the 
raU'S  of  poBtupe,"  ai.piuvod  March  3d,  1845;  but  was  again  restored 
by  tho  "  A«a  to  esUbliidi  i-erUiin  |)osl  routes,  and  for  other  purposes," 
•pprovod  March  3d,  H  17.     See  al.^o  act  of  1848,  §  4. 


PATENT  LAWS.  109 


ACT  or  1836,  CHAP.  357,  g  2.         IN  rOBCE. 


Section  2.  And  be  it  further  enacted,  That  there  shall 
be,  ill  8aid  office,  an  inferior  officer,  to  1)0  appointed  by 
the  said  principal  officer,  with  the  apjjroval  of  the  Secre-, 
tary  of  State,  to  receive  an  annual  salary  of  seventeen 
hundred  dollars  {'/),  and  to  be  called  the  Chief  Ch-rk  of 
the  Patent  Office ;  who  in  all  cases  during  the  nece'^sary 
absence  of  the  Commissioner,  or  when  the  said  principal 
office  shall  become  vacant,  shall  have  the  charge  and 
custody  of  the  seal,  and  of  the  records,  books,  papers, 
machines,  models,  and  all  other  tbings  belonging  to  the 
said  office,  and  shall  perforin  the  duties  of  Commissioner 
during  such  vacancy,  {/j)  And  the  said  Commissioner 
may  also,  with  like  approval,  appoint  an  examining  clerk, 
at  an  annual  salary  of  fifteen  hundred  dollars ;  two  otiier 
clerks,  at  twelve  hundred  dollars  each,  one  of  whom  shall 
be  a  competent  draughtsman ;  one  other  clerk,  at  one 
thousand  dollars ;  a  machinist  at  twelve  iiundred  and 
fifty  dollars ;  and  a  messenger,  at  seven  hundred  dol- 
lars, (c)  And  said  Commissioner,  clerks,  and  every  other 
person  appointed  and  employed  in  said  office,  shall  be 
disqualified  and  interdicted  from  acquiring  or  taking, 
except  by  inheritance,  during  the  period  for  which  they 
shall  hold  their  a[)pointmeuts,  respectively,  any  right  or 
interest,  directly  or  indirectly,  in  any  patent  for  an  inven- 
tion or  discovery  whicli  has  been,  or  may  hereafter  be, 
granted. 

(a)  Salary  increased  to  $2,500  by  act  of  1861,  §  4. 

(b)  1.  Uuder  this  section  the  chief  clerk  has  been  considered  as  the 
"acting  Commissioner."  whenever  the  Commissioner  has  been  unable 
to  discliarge  his  duties  from  any  necessary  cause,  as  well  as  when  a 
vacancy  occurs  from  cleatii  or  rcsiguaticni.  Woodtiorth  v.  Ha!L,  1  Wood. 
&  Min.,  o92. — 'WoODBLKY.  J. ;   Mass.  1S46. 

2.  The  appointment  of  an  acting  Commissioner  will  be  presumed  to 
have  been  duly  made,  where  drawn  in  question,  incidentally  or  coUat- 


110  TATEXT   LAWS. 


IX  roRCE.  ACT  or  183«,  chap.  357,  §§  2-4. 

orallr.  if  it  be  Bliown  that  the  person  certifying  is  in  the  public  dis- 
cliiirpo  of  those  diiticH.  Wo-idworth  v.  Jlalt.  1  Wood,  k  Min.,  255. — 
Wctoi'DiHY,  J. ;    Mass.  ISJ'J. 

3.  The  cortilioatc  to  a  patent  made  by  a  porf^on  as  'octinR  rommio- 
sioncr,"  is  Kj^al  and  siiiricii-nl.  Wiison  v.  /.'Awau,  4  How  ,  6(13,  061. — 
Uklsox,  J.;  Sup.  Ct.,  184r>.  Woodn'orth  v.  //.///.  1  WihkI.  A  Min.,  254. 
— WO(M>niHV.  J.;  Mas.s.,  1810.  York  db  Aid.  K.  I\.  v.  U'l'naru,  17  How., 
41.— (.TlMi-iiKi.U  .r.;   Sup.  Ct.,  1854. 

See  also  I'iuk-st  Tat.  Cases,  title  Commissioner  or  Patents,  G. 

(r)  1.  As  to  tlie  appointment  of  additional  examiners,  see  act  of  1837, 
§  11 ;  act  of  IS.'tO.  55  1 ;  act  of  ls.^>f.,  ^§  9,  10;  and  act  of  ISCO,  §  6. 

2.  The  Commissioner  of  Patent.s  is  now  authorized  to  appoint  addi- 
tional examiners,  not  exceeding  four  in  each  class.     Act  of  1861,  §  7. 

Section  3.  And  Iw  it  further  enacted.  That  the  said 
principal  oflictT,  ami  ovory  other  person  to  be  apjiointed 
in  the  said  office,  shall,  before  he  enters  upon  the  duties 
of  his  office  or  appointment,  make  oath  or  affirmation 
tridy  and  faithfully  to  execute  the  trust  committed  to 
him.  And  the  said  Commissioner  and  the  Chief  Clerk 
shall  also,  before  entering  upon  their  duties,  severally 
give  bonds,  with  sureties,  to  the  Treasurer  of  the  United 
States,  the  former  in  the  sum  often  thousand  dollars,  and 
the  latter  in  the  sum  of  five  thousand  dollars,  with  condi- 
tion to  render  a  true  aixl  faithful  account  to  him  or  his 
successor  in  office,  qtiarterly,  of  all  moneys  which  shall  be 
}>y  them  lespi'ctively  rect'iv('<l  f  )r  ilutit'S  on  jtatents,  and 
for  copies  of  records  and  <lra\vings,  and  all  otiier  moneys 
received  by  virtue  of  said  office. 

SE<-rio.N  4.  And  be  it  further  enacted,  That  the  said 
Commissioner  hIi.iII  cause  a  seal  to  be  made  an<l  provided 
for  the  Hai<l  onicc,  with  such  device  as  the  President  of 
the  United  Slates  shall  approve  ;  and  cojiies  of  any 
records,  books,  papers,  or  drawings,  belonging  to  the 
said  office,  un<ler  the  signature  of  the  s.aid  Commissioner, 
or,  when  tlie  office  shall  be  vacant,  under  the  sigiiattiro 


r ATI-: NT   LAWS.  Ill 


ACT  OF  1836,  CHAP.  357,  §  4. 


of  the  Chief  Clerk,  with  the  said  seal  affixed,  shall  bo 
competent  evidence  in  all  cases  in  which  the  orii^inal 
records,  books,  papers,  or  druwint^s  could  be  evidence.  ('/) 
And  any  person  making  application  therefor  may  have 
certified  copies  of  the  records,  drawings,  and  other  papers 
deposited  in  said  office  {/>),  on  paying,  for  the  written 
copies,  the  sum  of  ten  cents  for  every  page  of  one  hun- 
dred words  ('•) ;  and  for  copies  of  drawings,  the  reason- 
able expense  of  making  the  same. 

(a)  1.  A  certified  copy  of  an  assignment  is  competent  evidence,  and 
the  party  cannot  be  required  to  produce  the  originals.  Brooks  v.  Bick- 
neli,  3  McLean,  430.— McLean,  J.;  piiio.  1844. 

2.  Certified  copies  of  papers  and  drawings,  on  file  in  the  Patent 
OflSce,  must  be  received  in  evidence  wlien  oD'cred.  If  they  are  dis- 
cordant, they  may  destroy  the  eflect  of  each  other;  but  they  need  not 
concur  in  every  particular.  Emerson  v.  IIo(j<j,  2  Blatchf.,  12. — I3ktt.s,  J. ; 
N.  Y.,  1845. 

3.  Certified  copies  of  papers  in  the  Patent  Office  are  prima  fade  evi- 
dence of  the  genuineness  of  tlie  original,  on  file,  and  absolute  evidence 
of  the  correctness  of  the  copies  from  the  records.  Parker  v.  Haworth, 
4  McLean,  371.— McLeax,  J.;  111.,  1S48. 

4.  A  certified  copy  of  an  assignment  of  a  patent,  from  the  Patent 
Office,  is  prima  Jarw  evidence  of  the  genuineness  of  the  original.  Lea 
V.  Blandy,  M8.— McLean,  Leavitt,  JJ.  ;  Ohio,  1860. 

5.  A  former  and  defective  certified  copy  of  a  patent  may  be  corrected 
by  a  full  and  corrected  certified  copv.  Brooks  v.  Bickndl,  3  McLean, 
434.— McLean,  J. ;  Ohio,  1841.  Woodworth  v.  Hall,  1  "Wood,  k  Min., 
260.— "WooDHriiY,  J. ;   Mass.,  1846. 

ib)  1.  The  Commissioner  of  Patents  having  under  his  care  and  cus- 
tody the  records  as  to  patents,  it  is  his  duty  to  give  authenticated 
copies  to  any  person  demanding  the  same,  on  payment  of  the  legid 
fees;  but  a  demand  accompanied  by  rudeness  and  insult  is  not  a  legal 
demand.     Boyden  v.  Burke,  14  How.,  583. — Grier,  J.;  Sup.  Ct.,  Is52. 

2.  The  officer  intrusted  to  give  copies  of  papers  or  drawings,  in  pat- 
ent cases,  has  no  concern  with  the  purjwse  for  which  asked.  The 
policy  of  the  law  rather  requires  than  forbids  that  cojiies  should  bo 
given  when  asked  for.  Anon.,  1  Opin.,  171. — Pinckney,  Attv.-Uen. ; 
1812.  .        J  . 

(c)  Copies  of  papers  cannot  be  taken  by  third  persons.  They  must 
be  made  by  the  proper  officer,  and  the  fees  paid  therefor.  Anon.,  2 
Opin.,  436.— Taney,  Atty.-Gen. ;   1831. 

See  also  Digest  Pat.  Cases,  title  Copies  of  Papers.  * 


112  PATENT    I.AW8. 


IN  rURCB.  ACT  OF  1836,  CHAP.  351,   §  6. 


Sectiox  6.  [Enlarged  by  act  of  1837,  §  6.]     And  be  it 

further  tnnc(nl,  That  all  patents  issued  from  said  oflSce 
8liall  bo  issued  in  the  name  of  the  United  States,  and 
uuJir  the  seal  of  said  uiliec,  and  be  sij^iied  by  the  Sei-re- 
tary  of  State  {ft)^  and  oountersicjni'd  by  the  Commissioner 
of  the  said  office,  and  shall  be  recorded,  together  with 
the  descriptions,  specifications,  and  drawings,  in  the  said 
office,  in  books  to  be  kept  for  that  purpose.  Every  such 
patent  shall  contain  a  short  description  or  title  of  the 
invention  or  discovery,  correctly  indicating  its  nature  and 
design  (//),  and  in  its  terms  grant  to  the  applicant  or  ap- 
plicants ((•),  his  or  their  heirs,  administrators,  executors, 
or  assigns,  for  a  term  not  exceeding  fourteen  years  (</), 
the  full  and  exclusive  right  and  liberty  of  making,  using, 
and  vending  to  others  to  be  used,  the  said  invention  or 
discovery  (e),  referring  to  the  specitications  for  the  par- 
ticulars thereof,  a  copy  of  which  shall  be  annexed  to  the 
patent,  specifying  what  the  patentee  claims  as  his  inven- 
tion or  discovery.  (/) 

(a)  Now  i^iprned  by  tlie  Secretary  of  the  Interior.     Act  of  1849,  §  2. 

\b)  The  phrasooluf^y  of  tliis  act,  in  rcsiwct  to  what  the  palout  shall 
contain,  was  chan^rctl  from  that  conlaiiu'd  in  tlie  acts  of  17".)0  and  17'.i3, 
in  order  to  confonn  to  the  upn^o  and  construction  under  tlio  act  of 
1793  (of  inserting  the  whole  dooriptive  i)ortion  of  the  |K«lition  in  the 
pat<nl),  as  such  course  HOinetimes  was  niiBundorstood,  and  led  to  mis- 
constructions. Hogg  V.  Eiiicraon,  6  How.,  4S2. — Wooi)»i;RV,  J. ;  Sup. 
Ct..  1H.17. 

(c)  Patents  can  now  iRsue,  by  section  6  of  the  act  of  1837,  to  th« 
•ssifi^eo  or  a-nsignoes  of  the  inventor. 

(d)  1.  The  terra  of  the  patent  is  now  extended  to  BCTentcon  years. 
Art  of  1S»;1,  g  HI. 

2.  A  patc-nt  may  bo  isHued  for  a  less  temi  of  years  than  fourteen. 
The  resiriction  is  en  the  masimwn  only,  not  on  the  minimuin.  Suili- 
van'i  Case,  Opin.,  Gilpin's  IvJ.,  1841,  108.— Whit,  Alt.v.tJcn. ;   181rt. 

3.  A  patentee  under  tliis  Kection  is  not  obli^red  to  claim  the  whole 
fourteen  yearn.  He  m  ly  waive  his  claim  to  a  part  of  ilic  icnn.  in  faror 
of  the  public,  by  antodntin^'  il,  or  he  may  take  a  patent  for  a  term  less 


I'ATKNT    LAWS.  113 


ACT  OF   1836,   CUAP.   357,    §  5.  IN   FOBCa. 

thnn  fourteen  years,  or  ho  may  Boek  protection  ajjainst  Rtrnnpers  for  six 
montlis  i)reviou8  to  tlie  issia-.  if  in  that  time  ho  lias  made  application 
iind  is  seeking  in  good  failh  and  with  reasonable  diligence  lo  perfect 
his  specifications.  Cushman,  Ex  parte,  MS.  (App.  Cas.) — Dc.nloh,  J.; 
D.  C,  1H53. 

('■)  I.  The  exchisivo  grant  of  a  patent  is  the  construction  and  use  of 
tlie  thing  patented.  Tlio  patent  hiw  protcct-s  the  thing  patented,  and 
not  the  product.  Boyd  v.  Brown,  3  McLean,  297. — McLea.v,  J. ;  Ohio, 
1843. 

2.  It  does  not  cover  the  products  of  the  patented  machine.  Ibid, 
297.  Simpson  v.  Wilson,  4  How.,  711.— Nklson,  J.;  Sup.  Ct.,  1845. 
Goodyear  v.  The  Railroads,  2  "Wall,  .Tr. — Grieii,  J. ;  N.  J.,  1853. 

3.  At  common  law.  an  inventor  has  no  exclusive  right  to  make  and 
vend  his  invention,  after  he  has  published  it  to  the  world.  Such  ex- 
clusive right  is  the  creature  of  tiie  statute,  which  also  prescribes  the 
remedy  for  its  violation.  Dudley  v.  Mayhew,  3  Comst.,  13-17. — Steuno, 
J.;  N.  Y.,  1849. 

4.  The  fact  that  a  party  has  a  patent,  giving  him  the  exchisivo  right  to 
make,  use,  and  sell  a  particular  medicine,  does  not  confer  upon  him  the 
right  to  practise  as  a  physician,  and  vise  such  medicine  in  any  particu- 
lar State,  except  in  conformity  with  the  laws  of  such  State.  Jordan  v. 
Overseers  of  Poor,  4  Ohio,  310. — Lane,  J.;  Ohio,  1831.  Thompson  v. 
Stoats,  15  Wend.,  39o.— Nelson,  J.;  N.  Y.,  Is30. 

5.  A  party  lias  not  necessarily  a  right  to  use  an  invention,  in  any 
State,  merely  because  ho  has  a  patent  for  it  under  the  United  States. 
Vannaniw  Paine.  1  Harrington,  G8. — Robinson,  J.;   Del.,  18:{3. 

6.  Where  V.  had  a  patent  for  a  plan  for  constructing  and  drawing 
lotteries,  and  had  ol)tained  a  patent  therefor,  but  there  was  a  State  law 
prohibiting  lotteries,  except  under  certain  conditions,  which  the  plain- 
tiff and  his  associates  had  not  complied  with,  Held,  that  V.  was  not 
entitled  to  any  relief  by  way  of  injunction  or  othcrwi.<e,  for  any  alleged 
use  of  his  invention  in  the  State.     Ibid.,  C9. 

1.  The  Commissioner  of  Patents,  in  issuing  letters  patent,  does  not 
warrant  the  same,  nor  does  the  patent  bind  tlie  Government  more  than 
it  does  private  persons;  but  the  validity  of  such  patent  is  open  to 
inquiry,  eiilier  in  wliolo  or  in  part,  whether  at  the  instance  of  private 
persons  or  of  the  Government.  A  patent  does  not  conclude  anybody. 
Mortons  Antjest)ietiC  Patent,  8  Opin.,  27G.— Clshino.  Atty.-Gen. ;   1>56. 

8.  Letters  patent  issue  subject  to  all  legal  objections  that  m.\v  be 
brought  against  them.  Shreeie  v.  United  States,  MS  — LoRiNO,  J. ;  Ct. 
Claims,  18.59. 

9.  In  using  the  word  patent,  it  is  to  he  understood  as  including  the 
patent,  the  specification  attached  to  it.  with  the  model  and  drawing's  in 
the  Patent  OtBco.  Whitney  v.  Eiumett,  Bald.,  314.— Baldwin,  J.;  Pa., 
1831.  Jfo'jg  V.  Einersun^ii  How.,  478,  482,  485. — Woodbury,  J.;  Sup. 
Ct.,  1847. 

10.  Under  the  act  of  1790,  a  patent  was  made  pnma/ncie  evidence; 


114  PATENT    LAWS. 

IX  roncE.  ACT  or  1836,  chap.  357,  §§  6,  6. 

that  act  was  rcpc.nled  by  the  not  of  no:^,  and  that  provision  was  not 
re-enacted  in  it.  lleiioe  a  patent  \va.M  not  received  in  courts  of  justice 
as  even  finui  facie  evidence  tliat  the  invention  patented  was  new  or 
useful,  but  tlio  piuintiff  was  bound  to  i)rovo  tliese  facts  in  order  to  make 
out  his  case.  But  tlio  act  of  183(')  introduced  a  new  system,  and  under 
it — its  inquisition  and  examination — a  jnitent  is  received  ns  prima  jac  e 
evidence  of  tlio  truth  of  the  facts  stated  in  it.  Coniiwj  v.  Durdtn,  15 
How.,  270,  27 1 .— ( jRlEit,  J. ;  Sup.  Ci.,  1 853.  AUen  v.  IIuntT.  6  McLean, 
304,  305.— MiLeax.  J.;  Ohio,  1S55.  T.ese  v.  Plicljs.  1  McAllister,  4'.t. 
— McAllistek,  J.;  Cal.,  IbSJ.  Cahoon  v.  King,  MS.— Clifkoud,  J.; 
Me.,  1859. 

(/)  Under  the  patent  laws  since  1836,  the  specificaUon  is  always 
annexed  to  and  forms  a  part  of  the  letters  patent.  Pitts  v.  \Miitman,  2 
Storv,  G21.— Stouv,  J.;   Mass.,  184;(. 

See  also  DiotST  Pat.  Cases,  title  rATE.NT,  D.  1,  2 ;  E.,  II.,  I.,  P.,  1,  2. 

• 

Section  G.  And  be  it  further  enacted.  That  any  person 
or  persons,  haviitg  discovered  or  invented  any  new  and 
usctul  art  ('/),  machine  (/v),  manntacture,  or  composition 
of  matter  (r),  or  any  new  and  useful  improvement  (t/)  on 
any  art,  macliine,  manufacture,  or  composition  of  matter, 
not  known  or  used  by  others  (<•)  before  his  or  their  dis- 
covery or  invention  (/")  thereof,  and  not,  at  the  time  of 
his  application  for  a  patent,  in  public  use  or  on  sale,  witli 
his  consent  or  allowance,  as  the  inventor  or  discoverer; 
and  shall  desire  to  obtain  an  exclusive  proj)erty  therein, 
may  make  application,  in  writing,  to  the  Commissioner  of 
Patents,  expressini;  such  desire,  (//)  and  the  Commissioner, 
on  due  j)rocer(lin^8  had,  may  grant  a  patent  tlu-refor. 
But  before  any  inventor  shall  receive  a  j)atent  for  any 
Buch  new  invention  or  discovery,  he  shall  deliver  a  writ- 
ten description  of  his  invention  or  discovery,  and  of  the 
manner  and  pmeess  of  making,  constructing,  using,  and 
compounding  the  same,  in  such  full,  clear,  and  exact 
terms,  avoiding  unnecessary  prolixity,  m  to  enable  any 
pcrs-.n  skillcil  in  the  art  or  science  t<>  which  it  appertains, 
or  with  which  it  is  most  nearly  connected,  to  make,  con 


PATENT   LAWS.  116 


Acr  OF   1836,   CHAP.   357,    §  G.  IN   FOnCE. 

struct,  compouiKl  and  use  tlio  same  (//) ;  and  in  case  of  any 
machine,  he  shall  fully  explain  the  ])riMoii>le  and  tlio 
several  modes  iij  which  he  has  contemplated  the  applica- 
tion of  that  principle  or  character  by  which  it  may  be 
distinguished  from  other  inventions  (/) ;  and  shall  par- 
ticularly specify  and  point  out  the  part,  improvement,  or 
combination,  which  he  claims  as  his  own  invention  or 
discovery.  (_;)  lie  shall,  furtbenuore,  accompany  the 
whole  with  a  drawing,  or  drawings  (A),  and  written 
references,  where  the  nature  of  the  case  admits  of  draw- 
ings, or  with  specimens  of  ingredients,  and  of  the  compo- 
sition of  matter,  sufficient  in  quantity  for  the  purpose  of 
experiment,  where  the  invention  or  discovery  is  of  a 
composition  of  matter;  which  descriptions  and  drawings, 
signed  by  the  inventor  and  attested  by  two  witnesses, 
shall  be  tiled  in  the  Patent  Office  ;  and  he  shall  moreover 
furnish  a  model  of  his  invention,  in  all  cases  which  admit 
of  a  representation  by  model,  of  a  convenient  size  to 
exhibit  advantageously  its  several  parts.  (/)  The  appli- 
cant shall  also  niake  oath  or  affirmation  {f/i)  that  he  does 
verily  believe  that  he  is  tlie  original  and  tirst  inventor  or 
discoverer  of  the  art,  machine,  composition,  or  improve- 
ment, for  which  he  solicits  a  patent,  and  that  he  does  not 
know  or  believe  that  the  same  was  ever  before  known  or 
used ;  and  also  of  what  country  he  is  a  citizen ;  which 
oath  or  affirmation  may  be  made  before  any  person 
authorized  by  law  to  administer  oaths.  (;<) 

(a)  1.  When  art  is  spoken  of  as  the  subject  of  a  patent,  it  is  not  an 
art  in  the  abstract,  but  it  is  an  art  as  explained  in  the  spccilication, 
and  illustrated  by  a  machine,  or  model,  or  drawings,  when  of  a  charac- 
ter 80  to  be.  It  means  a  useful  art  or  manulacture,  which  must  be 
described  with  e-iactnesa  in  its  mode  of  operation,  and  which  can  be 
protected  only  in  tlie  mode  and  to  the  extent  described.  Smith  v. 
Downing,  MS. — Woodbury,  J.;  Mass.,  1850. 


lin  PATENT   LAWS. 


IH  roRca  ACT  or  1836,  chap.  357,  §  6. 


2.  In  the  Enplish  patent  laws  Ihe  word  "art"  is  not  used  at  <ill.  In 
ours,  its  will  as  in  our  Clln^ililutio^.  the  word  art  means  a  useful  art, 
or  a  manufacture  whidi  is  l)onoflcial.     Ibid. 

3.  A  process,  eo  nomine,  is  not  the  Kuhjcet  of  a  patent,  under  our 
laws.  It  is  included  under  the  general  t<>nn  "useful  art,"  and  an  art 
may  require  one  or  more  processes  or  maelnnes,  in  order  to  produce  a 
certain  a'sult  or  raaiuifaclure.  Coming  v.  Burden,  15  IIow.,  267. — 
Gkier,  J.;  Sup.  Cl.,  1853. 

See  also  Digest  Pat.  Cases,  titles  Art;  Process. 

(t)  1.  The  term  machine  includes  every  mechanical  device  or  combi- 
nation  of  meehanicid  powers  and  devices  to  perform  some  function  and 
produce  a  certain  efleet  or  result.  Corniwj  v.  Burden,  15  How.,  207. — 
Grier,  J.;   Sup.  Ct.,  1853. 

2.  A  patent  cnnuot  be  for  the  function  or  abstract  effect  of  a  ma- 
chine, but  only  for  the  machine  itself.     Ibid.,  2«8. 

3.  A  now  process  is  usually  the  result  of  discovery ;  a  machine  of 
invention.     Ibid.,  26S. 

4.  One  may  discover  an  improvement  in  a  process,  irrespective  of 
any  particular  form  of  machinery;  and  another  may  invent  a  labor- 
saving'  machine,  by  which  the  op<ratiou  or  process  may  be  performed, 
and  each  mav  l>e  entitled  to  a  patent.     Ibid..  2r>S. 

6.  The  word  "madiine'"  in  the  statute  includes  new  combinations 
as  well  as  now  organizations  of  mechanism.  Wintermute  r.  liedingUm, 
MS.— WiUJOX,  J.;   Ohio.  1H5G. 

See  also  Digest  Pat.  Cases,  title  Machi.vbs.  A. 

(c)  1.  It  is  not  necessary  that  every  inRrcdient.  or  that  any  one  in- 
gredient used  by  the  patentee  in  his  invention,  should  Ik3  new  or  »m- 
used  before,  for  the  purpo.so  intended.  ■  The  true  question  is  whctlier 
the  combination  of  malei  ials  used  by  the  patentee  is  substuulially  new. 
liyan  v.  h'"oduin.  3  Suiiui.,  518.— SrORY,  J.  ;    Mas.s.,  1830. 

2.  There  is  a  wide  dilVerence  between  the  invention  of  a  new  method 
or  process,  by  which  a  known  fabric,  jjroduct,  or  nianufaeturo  is  pro- 
ducr-d  In  a  better  and  cheajK-r  way.  and  the  discovery  of  a  new  tx>in- 
potmd,  BubsUiui-e,  or  manufacture, 'having  qualities  never  found  to  exist 
together  in  any  otht-r  material.  G^jodyear  v.  Tlie  liailroada,  2  WalL, 
Jr ,  30O  — UriiKiu  J  ;   -N'.  J  ,  1853. 

3.  In  the  first  case  tho  inventor  can  patent  nothing  but  his  process, 
and  not  his  comp<»«ition  of  matter;  in  the  latter,  »)Oth  are  now  and 
oriifinal,  and  both  patentable ;  not  severally,  but  as  one  disc«jvery  or 
invention.     Ibid.,  3til. 

See  hL<o  Digest  Pat.  Cases,  titles  CoMPoamoN  op  .Matteu;  Manu- 
rACTCBE,  .\urri.E  ok. 

(d)  1.  An  '•  unproved  machine,"  ami  "an  improvement  on  a  ma- 
chine," ore  Hubauuli.illy  the  same.  li-trrrU  v.  lla'L  1  Mas.-*.,  476. — 
Story,  J.:  Mass.,  isH.  Evan$  v.  E^itoa,  3  Wheat.,  517.— Marshall, 
Ch.  J.;  Sup.  Ct.,  IMH. 

'i.  An  improvement  has  C8.senlial  reference  to  a  subject-matter  to  bo 


PATENT  LAWS.  117 


ACT  OP   1836,   CBAP.   357,   §  6.  IN   rOBCK. 

improved.  It  is  not  an  oripinal,  but  cinbraceB,  and  eithtT  adds  to  or 
altors,  the  nri.Lrinal.     I'aje  v.  b\rnj,  M.S. — Wii.kiNs,  J.;   Mich.,  1857. 

Soo  also  I)i(;K.sr  Pat.  Case.s,  title  Imi'Uuvkmk.nt.i. 

(e)  1.  Tho  words  "l)y  others. "  in  this  sci-tioii,  wero  probably  added 
by  way  of  ccplanation  of  the  douljt  formerly  entertained  on  the  snl)- 
jcct,  wlietlier  a  ii.se  i)y  tlie  patentee  himself  of  hi.s  invention  before 
application,  would  deprive  him  of  a  riplit  to  a  patent;  and  Xo  conlirin 
the  decision  in  Fennock  v.  I'uil'igue,  2  Pet.,  18-22,  that  a  prior  use,  to 
invalidate  a  patent,  must  have  been  by  others  than  tho  inventor.  Heed 
V.  Cutter,  1  Story,  597. — Story.  J.;   Mass.,  1841. 

2.  Sueli  words  do  not  denote  a  i)lnrality  of  persons  by  whom  the  use 
should  be  known,  but  that  the  use  should  be  known  by  some  other 
person  or  persons  than  the  patentee.     Ibid.,  597,  598. 

3.  The  words  "  not  known  or  used"  are  qualified  by  section  15,  and 
mean  a  knowled<;e  or  use  existing  in  a  manner  accessible  to  the  pub- 
lic.    GayUr  v.  Wilder,  10  How.,  197.— Taney.  Ch.  J.;  Sup.  Ct.,  1850. 

As  to  priority  of  invention,  see  also  Digest  Pat.  Cases,  titles  Inven- 
Tio.v,  C. ;  Inventor,  B.  ;  and  Prior  Knowledge. 

(/)  1.  Under  the  Constitution  and  laws  of  tho  United  States  re- 
specting patents,  discovery  is  synonymous  with  iniention.  Kemper,  Ex 
parte,  MS.  (.\pp.  Cas.)— Crancii.  C'h.  J.;  D.  C,  1841. 

2.  An  invention  resting  in  mere  theory,  or  in  intellectual  notion,  or 
imperfect  experiments,  and  not  reduced  to  practice,  is  not  patentable. 
Beedv.  Cutter.  1  Story,  599. — Stouy,  J.;   Mass.,  1841. 

3.  Conceiving  the  idea  of  an  improvement  or  machine  is  not  inven- 
tion. Uildreatli  v.  Heath,  MS.  (App.  Cas.) — Ceanch,  Ch.  J. ;  D.  C, 
1841. 

As  to  what  is  invention,  see  Digest  Pat.  Cases,  title  Intextion.  A., 
and  the  several  titles,  Art;  Composmon  of  Matter,  A.;  Combina- 
tion; Discovery;  Improvements,  A.;  M.a.ciiines.  A. ;  Maxckactlbb, 
Article  op  ;  New  Application  ;  Principle. 

{g)  Under  the  present  practice  of  the  Patent  Office,  two  distinct  and 
separate  inventions  cannot  bo  included  in  one  application,  except 
where  they  have  a  necessary  and  dependent  connection  with  each 
other,  and  all  co-operate  in  attaining  the  end  sought. 

(}i)  1.  The  descri]>tion  should  be  accommodated  to  the  comprehen- 
sion of  any  practical  mechanic,  without  taxing  his  genius  or  inventive 
powers.     Gray  v.  James,  Pet.  C.  C,  401. — W.^shixgto.v,  J. ;  Pa.,  1817. 

2.  It  is  not  enough,  however,  if,  from  the  description,  some  very, 
skilful  artisan  could  make  and  use  it,  but  persons  of  ordinary  skill 
must  be  able  to  do  so ;  and  must  bo  able  not  only  to  construct  but  to 
use  tho  machine  for  a  useful  j purpose.  Lippincott  v.  Keily,  1  West.  Law 
Jour.,  514.  — Irvin,  J.;    Pa..  1S44. 

3.  No  description  will  fuldl  the  demands  of  the  law  but  such  as  is 
of  record,  and  of  which  all  the  world  may  have  the  benefit.  Dixon  v. 
Mcnjer,  4  Wash.  73.— Washington,  J. ;  Pa..  1821. 

4.  The  object  of  this  provision  is  twofold:   1,  that  when  the  term  baa 


118  PATENT  LAWS. 


IX  rOBCB.  ACT  or   1836,   OHAP.  367,   g  6. 


expired,  and  the  invenlion  Incomes  pviblie  pro|xTty,  such  means  of 
iuformation  may  1)C  accessible  tliroiifjh  the  I'atent  Otlieo  as  will  enable 
others  to  avail  themselves  of  its  benefits;  and  2,  that  while  the  patent 
Is  in  force,  others  may  be  inrormed  of  the  precise  claim  of  the  patentee, 
and  not  ipnoranilv  infringe  hi8  exclusive  ri^lit.  Parker  v.  SliUa,  5 
McLean,  5a.— Leavitt,  J.;  Ohio,  1849.  Brook.s  v.  liirkiitU.  3  McLean, 
441._McLkas,  J. ;  Ohio,  1844.  Jiulson  v.  Moore,  MS. — Leavitt,  J.; 
Ohio,  isr.u. 

5.  lUit  the  specification  need  not  particularly  describe  the  operation 
of  mecliani.sm  which  is  well  known  by  persons  acquainted  with  the 
art  Kiifass  v.  Schuylk-ill  .BanA,  4  Wash.,  14. — Washington,  J. ;  I'a., 
1820.  Brooks  v.  BickuM,  3  McLean,  447,  448.— McLean,  J. ;  Ohio, 
1844.     Emerson  v.  Uogg.  'J  Blatclif..  9.— Betts,  J.;   N.  Y..  1845. 

See  also  Dkjest  I'at.  C.vsks,   titles  Composition  of  Matter,  B.  ; 

SPECLriCATIO.V,  B.  ;    IMI'ROVK-MENT,   B. 

(i)  1.  This  section  seems  dearly  to  show  that  a  patentee  may  law- 
I'liUy  unite  in  one  patent  all  the  modes  of  npiilyinir  his  invention  con- 
templated, and  all  the  difll-rent  sorts  or  raodilicatious  of  madiinery,  by 
which  it  may  be  applied,  and  if  each  were  new  the  patent  would  cover 
them  all      Wyttli  v.  ^tonc,  1  Story,  2!"2. — Story,  J.:   Mass.,  1840. 

2.  It  is  the  duty  of  an  inventor  to  describe  in  liis  specification  the 
several  diflerent  modes  or  devices  or  mo<liflcation3  known  to  liim  of 
his  invention.  Sarijeut  v.  Curler,  11  Mo.  Law  Kep.,  G55. — Curtis,  J.; 
Mass.,  180.S. 

See  al.«o  Digest  Pat.  Ca.se8,  title  Machines,  B. 

(j)  1.  The  summing  up  or  claim  is  conclusive  upon  the  right  and 
title  of  the  patentee.  Wyeth  v.  Stone,  1  Story,  28J. — Story,  J.;  Mass., 
1840. 

2.  The  cLiim  is  tlie  most  material  part  of  the  specificatiou.  Many  v. 
Jogger,  1  Blutchf,  37H.— Neijjos,  J.;  N.  Y.,  1848. 

3.  Altliough  a  patentee  dix-s  not  e.xpro.ssly  claim  equivalents,  ho  is 
undcrsiuod  to  embrace  them,  and  in  contemplation  does  embrace  them. 
Byam  v.  Farr,  1  Curt.,  203. — Ci  ktis,  J.;   Mass.  18J2. 

See  also  l>i(iK«T  I'at.  ('ase,s,  title  rATKXTS.  P.  5. 

(k)  1.  Drawing's  annexed,  and  referred  to  in  the  B|)cciflcation,  eon- 
atitute  a  part  thereof;  and  tliey  may  Ix'  resorted  to  to  aid  the  descrip- 
tion, and  to  distiniTuish  the  thing  patented  from  other  things  known 
before,     /iir/*  v.  Sawyer.  I  Mass.,  U. — SiOHV,  .1.;   Mass,  l.si;."). 

2.  Referenc<'H  t<>  the  drawings  in  the  s|H-cilication  are  not  requisite 
to  the  validity'  of  a  patent,  unless  they  are  necessary  toon  underst.'Uid- 
ing  of  the  invcMiliiin.  Brtxiks  v.  Uickm-ll,  3  McU-an,  2tll. — .McLemc,  J.; 
Ohio,  1843.      Wiiafiburn  v.  Gould,  3  Story,  133.— SioRY,  J.;    Ma.s.s.,  1S44. 

3.  The  deHcripiion  of  a  machine  or  improvement,  acconjpanied  by  • 
drawing,  may,  in  many  coses,  bo  understood  without  refercnoea. 
/bid.,  202. 

4.  The  drawings  njay  bo  signed  by  the  Inventor,  or  by  his  altomoj 
for  him.     .^noo.,  MS.— Black,  Alty.-GoD. ;  1859. 


PATENT  LAWS.  119 


ACT  or  1836,  CHAP.  357,  §  6. 


5.  Duplicate  drawings  are  now  required.     Act  of  1837,  §  6. 

6.  DrawiiiffH  .should  be  in  diiplicilo,  twenty  inches  by  tifteen  in  size; 
one  on  thick  drawin^'-papcr,  colored  and  shaded,  and  the  otiicr  on 
tracing-cloth,  and  should  be  in  per8|JCctivo,  with  detached  sectional 
and  pUuio  views. 

7.  In  the  case  of  designs,  photographs  may  bo  substituted  for  draw- 
ings, but  the  "  negatives  "  must  be  sent  to  the  Patent  Oflice. 

See  also  Diokst  Pat.  Casks,  title  Duawixos. 

(/)  1.  Models  and  drawings  arc  a  part  of  the  letters  patent,  and  may 
be  resorted  to  for  clearer  information  respecting  the  invention  de- 
scribed in  the  specitication.  Iligg  v.  Eimrson,  G  How.,  485. — WooD- 
BfRY,  J. ;  Sup.  Ct.,  1847.  St'-phcns  v.  Salisbury,  MS. — Morsell,  J.; 
D.  C,  1855. 

2.  Models  should  be  made  of  durable  material ;  and,  if  of  wood,  should 
be  stained,  painted,  or  varnished,  and  should  not  be  more  than  one 
foot  in  length  and  height,  unless  a  larger  model  is  necessary  to  exhibit 
the  invention. 

3.  In  the  case  of  a  design,  which  can  be  sufiBciently  represented  by  a 
drawing,  a  model  may  be  dispensed  with. 

See  al.xo  Digest  Pat.  Cases,  title  Models. 

(m)  1.  The  Uiking  of  the  oath  by  the  inventor  is  but  a  prerequisite 
to  the  granting  of  a  patent,  and  in  no  degree  essential  to  its  validity. 
If,  therefore,  not  conformable  to  the  statute  it  is  no  objection  to  the 
patent.      WhitUmore  v.  Cutter,  1  Gall.,  4.'?3.— Story,  J.;   Mass.,  ISl.'i. 

2.  The  oath  extends  to  all  the  schedule  or  specitication  no  less  than 
to  the  title  of  the  invention.  IIo<jg  v.  Einason,  6  How.,  432. — Wood- 
bury, J. ;   Sup.  Ct.,  1847. 

3.  The  declaration  ailmitted  under  the  English  law  cannot  be  sub- 
stituted in  place  of  the  oath.  Anon.,  3  Opin.,  532. — GiLi'i.v,  Atty.-Geu. ; 
1840. 

4.  Affirmation  may  be  substituted  in  place  of  an  oath,  when  the 
person  of  whom  it  is  required  is  conscientiously  scrupulous  of  taking 
an  oath.     Act  of  1837,  g  13. 

5.  As  to  the  persons  before  whom  the  oath  may  be  taken,  when  the 
applicant  is  not,  for  the  time  being,  residing  in  the  United  States.  Act 
of  1842,  §  4. 

See  also  Digest  Pat.  Cases,  title  Oath. 

(n)  1.  The  act  of  183G,  sections  6  and  15,  and  the  act  of  1837,  section 
9,  are  to  be  construed,  as  to  originality  of  invention,  as  though  they 
were  embodied  in  one  act.  Smith  v.  Ely,  5  McLean,  84. — McLean, 
J.  ;   Ohio,  184'.>. 

2.  The  things  specified  in  tliis  section  are  prerequisites  to  the  grant- 
ing of  a  patent,  and  unless  these  prerequisites  are  complied  with,  a 
party  sued  for  an  infringement  of  the  patent  may  show  that  they  have 
not  been  complied  with,  and  in  that  mode  defeat  the  action  of  the  sup- 
posed inventor.  Ramoin  v.  Mayor,  dec,  of  Xew  I'orA,  MS. — Hall,  J.  ; 
N.  Y.,  185G. 


120 

PATENT   LAWS. 

IN  POBCK. 

ACT  or  183G,  OHAP.  357,  §  1. 

Section  7.  [Amended  by  act  of  1839,  §§  7-1 1 :  repealed 
in  part  by  act  of  1H39,  §  12  ;  and  act  of  1SG3,  §  1.]  A)id 
be  it  furt/ur  t n<irie<I,  That,  on  tlie  tiling  of  any  such  ap- 
plication, description,  and  specification,  and  the  payment 
of  tlic  duty  hercitiarter  jirovided,  the  Commissioner  shall 
make  or  cause  to  be  made,  an  examination  («)  of  the 
alleged  new  invention  or  discovery;  and  if,  on  any  such 
examination,  it  shall  not  apjiear  to  the  Commissioner  that 
the  same  had  been  invented  or  discovered  by  any  oilier 
person  in  this  country  prior  to  the  alleged  invention  or 
discovery  thereof  by  the  applicant,  or  that  it  had  been 
patentecl  or  described  in  any  printed  publication  in  this 
or  any  foreign  country,  or  had  been  in  public  use  or  on 
sale  with  the  applicant's  consent  or  allowance  prior  to 
the  application  (/>),  if  the  Commissioner  shall  deem  it  to 
be  sufficiently  useful  (<•)  and  important,  it  shall  be  his 
duty  to  issue  a  j)atent  therefor,  {d)  But  whenever,  on 
such  exanjination,  it  shall  ai)pear  to  the  Commissioner 
that  the  applicant  was  not  the  original  an<l  ilrst  inventor 
or  disciiverer  thereof  (<),  or  that  any  part  of  that  which 
is  claimed  as  new  bad  before  been  invented  or  discovered, 
or  patented,  or  descrSx'd  in  any  j)rinted  juiblication  in 
thLs  or  any  foreign  country,  as  aforesaid,  or  that  the 
description  is  defective  and  insufficient,  he  shall  notify 
the  applicant  thereof,  giving  him,  briifly,  such  informa- 
tion and  n-ferences  as  may  be  useful  in  judging  of  the 
propriety  of  renewing  his  a|iplication,  or  of  altering  his 
Bpecilicatioii  to  c  inbrace  only  that  part  of  the  invention 
or  discovery  which  is  new.  (,/")  In  every  such  case,  if 
the  applicant  shall  elect  to  willidraw  his  appHcation,  re- 
lincpiisliing  his  claim  to  the  model,  he  shall  be  entitled  to 
receive  back  twenty  dollars,  part  of  the  duty  required  by 


PATENT  LAWS.  121 

ACT  OF    1836,   CHAP.    357,    §  7.  IN    FORCE. 

this  act,  on  filing  a  notice  in  writing  of  such  elefction  in 
the  Patent  Office,  a  copy  of  which,  certified  by  the  Cora- 
mi.ssioiicr,  sliall  be  a  sufficient  warrant  to  the  treasurer 
for  payiiijif  back  to  the  said  applicant  the  said  sum  of 
twenty  dollars.  (//)  But  if  the  applicant  in  such  case, 
shall  persist  in  his  claims  for  a  patent,  with  or  without 
any  alteration  of  his  specification,  he  shall  be  re(|uirod  to 
make  oath  or  affirmation  anew  (//),  in  manner  a.s  afore- 
said. And  if  the  si)ecification  and  claim  shall  not  have 
been  so  modified  as,  in  the  opinion  of  the  Commissioner, 
shall  entitle  the  applicant  to  a  patent,  lie  may,  on  appeal, 
and  upon  request  in  writing,  have  the  decision  of  a 
board  of  examiners  (<),  to  be  composed  of  three  disin- 
terested persons,  who  shall  be  appointed  for  that  pur- 
pose by  the  Secretary  of  State,  one  of  whom  at  least,  to 
be  selected,  if  practicable  and  convenient,  for  his  knowl- 
edge and  skill  in  the  particular  art,  manufacture,  or 
branch  of  science  to  which  the  alleged  invention  apper- 
tains; who  shall  be  under  oath  or  affirmation  for  the 
faithful  and  impartial  performance  of  the  duty  imposed 
upon  them  by  said  appointment.  Said  board  shall  be 
furnished  with  a  certificate  in  writing,  of  the  opinion  and 
decision  of  the  Commissioner,  stating  the  particular 
grounds  of  his  objection,  and  the  part  or  parts  of  the 
invention  which  he  considers  as  not  entitled  to  be  pat- 
ented. And  the  said  board  shall  give  reasonable  notice 
to  the  applicant,  as  well  as  to  the  Commissioner,  of  the 
time  and  place  of  their  meeting,  that  they  may  have  an 
opportunity  of  furnishing  them  with  such  facts  and  evi- 
dence as  they  may  deem  necessary  to  a  just  decision; 
and  it  shall  be  the  duty  of  the  Commissioner  to  furnish 
to  the  board  of  examiners  such  information  as  he  may 
6 


l':2  PATENT  LAWS. 

IN  FoncK.  ACr  OF  183G,  CHAP.  357,  §  7. 


possess  relative  to  the  matter  under  their  consideration. 

And  on  an  examination  and  consideration  of  the  matter 
by  such  board,  it  shall  be  in  their  power,  or  of  a  majority 
of  them,  tojeverse  the  decision  of  the  Commissioner,  either 
in  whole  or  in  part,  and  their  opinion  bi'inix  certified  to  the 
Commissioner,  he  shall  be  governed  thereby  in  the  further 
proceedings  to  be  had  on  such  application  :  Provided^ 
hoirever,  That  before  aboard  sliall  be  instituted  in  any  such 
case,  the  applicant  shall  pay  to  the  credit  of  the  treasury, 
as  provided  in  the  ninth  section  of  this  act,  the  sura  of 
twenty-five  dollars,  an<l  each  of  said  persons  so  appointed 
shall  be  entitled  to  receive  for  his  services  in  each  case  a 
sum  not  exceeding  ten  dollars,  to  be  determined  and  paid 
by  the  Commissioner  out  of  any  moneys  in  his  hands, 
which  shall  be  in  full  compensation  to  the  persons  who 
may  be  so  appointed,  for  their  examination  and  certificate 
as  aforesaid. 

(a)  The  proceedings  before  the  Commissioner  are  initiatory — all  re- 
lating to  tlie  question  whether  a  patent  shall  issue.  Pomeroy  v.  Ofi- 
nison,  M.S.  (App.  Cii8.) — Cra.nch,  Cli.  J. ;  D.  C.  1842.  Perry  v.  Cor- 
nell, MS.  (.\pp.  Cas.)— Crancii,  Ch.  J.;  D.  C,  1847.  Secley,  Ex  parte, 
M.S.  (App.  Cafl.)— MoHSEi.L,  J.;  D.  (\,  185:i. 

.See  also  Diiii':sT  Pat.  Cases,  title  Aim'I.icatios  ron  Patent,  A. 

(b)  1.  An  inventor  will  not  be  ilcprivod  of  the  In-nofit  of  his  inven- 
tion and  a  riglit  to  u  patent,  by  a  u.xo  of  his  invention  Uloro  his  appli- 
cation for  u  i>auut,  witiiout  his  consent  and  against  hia  will,  and  with- 
out anv  Uffiea  or  niisoou<luft  on  his  part.  Pierson  v.  K<igU  Screw  Co., 
3  Story,  407. — .<t<)KV,  .1.;  R.  I.,  1814.  Fry  .(•  Seeley,  Kx  parte,  MS. 
(App.  Cos,)— MoiuSKLi.,  J.;   D.  C,  1869. 

2  The  provisions  of  sections  7  and  15  of  the  act  of  lS3iV  introd\ici^d 
an  important  mo<lillcation  into  the  law  of  patont.s,  designed  to  prou<ct 
the  Americin  inventor  against  the  injustice  of  being  thrown  out  of  the 
fruits  of  his  iiigcMiiiiy  by  the  cxistcniv  of  a  secret  invention  or  discov- 
ery  abroad — that  is,  a  discovery  not  patented,  and  not  descril>ed  in  any 
pruitod  publiction.      Amm..  5  Upin  .  21.— ToCCET.  Atty.-Cen.;    1S48. 

A.  If  the  uppli<ant  is  an  orijfinal  i.ventor,  and  in  a  condition  to  mako 
the  oath  required,  the  ac-t  reqiiins  the  rommissionor  to  issue  the  pat- 
ent, and  Iho  court*  declare  it  valid,  and  caUblish  tlie  American  right 


PATENT   LAWS.  123 


ACT  OF   1836,   CHAP.   367,    §  7. 


to  the  exolusioD  of  the  foreign  discovery,  which  has  not,  in  either  of 
tho  modes  in<licated  by  Uic  net  of  Congress,  been  coinniuiiicated  to  the 
public.  Ibid,  '21.  Also  Coleman  \.  Lies'>r,  MS. — Leavitt,  J.;  Ohio, 
1859      Judson  v.  C>pe,  M.S. — Leavitt,  J  ;  Oliio,  ISCO. 

4.  To  constitute  a  prior  invention,  the  party  alleged  to  )iave  pro- 
duced it  must  have  proceeded  so  far  as  to  have  reduced  liis  idea  to 
practice,  and  eiuljodiod  it  in  .some  di.stinct  form.  Parkhursl  v.  Kinsman, 
1  Biatdif.,  49i.— Nklsox,  J.;  N.  Y.,  1810.  Howe  v.  Underwood,  .MS.— 
Si'RAGCK,  J.;  Mas.s.,  isr)4.  Allen  v.  Hunter,  6  McLean,  321.— McLkax, 
J.;  Ohio,  185.i.  I'oppenheusen  v.  K  V.  G.  P.  Comb  Co.,  M.S. — Ixoer- 
80LL,  J.;  N.  Y.,  1858.  Ellithorpe  r.  liobcrtson,  MS. — Lvoersoll,  J.: 
N.  Y.,  1859. 

5.  Tlic  words  'prior  to  tlic  application,"  refer  only  to  the  "public 
use  or  sale  of  the  invention  with  the  applicant's  consent  or  allowance," 
and  do  not  refer  to  any  thing  else.  Bartholomew  v.  Sawyer,  MS. — 
I.NGER.SOLL,  J.;   X.  Y.,  1850. 

6.  The  words  ''prior  to  the  alleged  invention  of  the  applicant,"  refer 
to  an  invention  or  discovery  of  some  one,  other  than  the  applicant,  in 
this  country,  and  also  to  a  patent  or  description  in  this  or  some  foreign 
country.     Jbil. 

7.  The  true  meaning  of  this  section  is,  that  a  patent  shall  issue  to 
the  applicant  and  be  valid,  if  he  is  the  originator  and  author  of  a  use- 
ful invention,  unless  the  tiiinir  invented  by  him  has,  prior  to  his  alleged 
invention  or  discovery,  been  invented,  or  discovered,  or  used  by  some 
one  else  in  this  country ;  or  unless  the  invention  of  the  applicant  has 
been  patented  or  described  in  some  printed  publication  in  this  or  some 
foreign  country,  jtrior  to  the  alleged  invention  or  discovery  of  the  ap- 
plicant; or  has  been  on  sale  with  the  applicant's  consent,  prior  to  his 
application  for  a  patent.     Ibid. 

8.  The  provision  of  this  section  as  to  the  invention  having  been  ia 
use  or  on  sale  prior  to  the  application,  amended  by  the  act  of  18;!9,  §  7. 

See  also  Dicest  P.\t.  Cases,  titles  Prior  K.\owledge;  Prior  Use. 

(c)  1.  As  to  the  utility  of  an  invention,  all  that  the  law  requires 
is,  that  the  invention  t^hould  not  be  frivolous  or  injurious.  Tho 
word  usr/id  is  used  in  contraijistinction  to  mischievous  or  immoral. 
"Whether  theinvention  be  more  or  less  u.seful  is  unimportant.  Lmvell  v. 
Lewis,  1  Mas.s..  18G.— Story,  J.;  Mas.s..  1817.  Bclf'ord  v.  Hunt,  1 
Mass,  303.— Story.  J.;  Mass.  1817.  E'trl'  v.  Saivyr,  4  Mass.,  6.— 
Story,  J.;  Mass.,  1825.  Whitney  v.  Emmeti,  Bald.,  309.— Baldwin, 
J.;  Pa.,  1831.  Winans  v.  Schenec.  <t  Troy  R.  P.,  2  Blatchf.,  290.— 
Nklsox,  J.;  N.  Y.,  1851.  Page  v.  Ferry.  M.S.— ■\Vir.Kixs.  J.;  Mich., 
1857.     Lea'-h,  Ex  parte,  MS.  (App.  Cas.)— Merrick,  J.;  D.  C,  1860. 

2.  The  invention  need  not  be  the  best  for  the  use  to  which  it  can  be 
applied.  Many  v.  Jagger,  1  Blatchf,  .sei. — Neuson,  J.;  X.  Y.,  1848. 
Roberts  v.  Ward,  4  McLean,  50G. — McLean,  J.;  Mich.,  1849.  Wilbur 
V.  Beechcr,  2  Blatchf.  137.— Nelson,  J.;  N.  Y.,  1850. 

See  also  Digest  Pat.  Cases,  title  Invextio.v,  D.  1. 


12  4  PATENT   LAWS. 


ACT  OP  1836,  CHAP.  367,  §  7. 


(rf)  1.  The  CommiRsionpr  is  bound  to  issue  a  patent  in  the  case  and 
under  the  circumstfliipes  inontionod  in  tliis  section.  lie  has  no  discre- 
tiou  aWout  it.  Uildrralh  v.  Ilfoih,  MS.  (App.  Cas.) — ('ranch,  ("li.  J.; 
D.  C,  1S41.  Aikni,  Ex  parUt  (Car- Wheels),  MS.  (App.  Cas.)— C'rascu, 
Ch.  J.:   D.  C,  1850. 

2.  When  a  patent  has  issued,  the  jurisdiction  of  the  Commissioner  ia 
exhausted,  and  ho  has  no  further  control  over  it,  except  under  section 
13,  upon  application  for  a  reissue.  Pomerotj  v.  Conuison,  MS.  (App. 
Caa.)— (.'iiANcn,  Ch.  J. ;  D.  C,  1 842. 

3.  But  his  power  exists  in  full  force  until  the  patent  actually  issues, 
and  is  not  controlled  by  intervening  opinions  in  proceedhigs  during 
the  examination.  Wade  v.  Malthews,  MS.,  6  Opin.,  222. — Johnson, 
Atty.-Gen. ;   lb»9. 

See  al.so  Dic.kst  P.it.  Case.s,  title  Arpi.irATioN  ron  Patents,  B. 

(e)  1.  The  inventor  must  be  tlie  oriffiiial  inventor  as  to  all  llio  world, 
to  be  entitled  to  a  patent  R'tit'jfn  v.  Kanowrs,  1  Wash.,  188. — Wasb- 
INOTON,  J. ;  Til,  1804.  Dawson  \.  FoUen,  2  Wat^h.,  311.— WABlllxa- 
TON,  J.;  Pa.,  1808.  Lowell  v.  Lewis,  1  Mass.,  190.— Story,  J.;  Masa., 
1817. 

2.  No  person,  who  is  not  at  once  the  first  ns  well  as  the  original 
inventor,  by  whom  tlie  invention  has  been  perfected  and  put  into  use, 
is  entitled  to  a  patent.  L'eed  v.  Cutter,  1  Story,  696,  598. — Stoky,  J. ; 
Mass.,  1841. 

3.  A  subsequent  inventor,  though  an  original  one,  is  not  entitled  to 
a  patent.     JbuL,  59G-508. 

4.  Tlic  invention  must  l>o  original  with  the  inventor,  and  not  known 
to  others.  The  only  e.tception  exists  in  the  case  of  a  party  obtaining 
a  patent,  believing  himself  to  be  the  original  inventor,  and  liis  inven- 
tion is  sliown  to  have  been  knoiifi  in  a  furei'jn  country,  b\it  not  patented 
there,  or  do8critK.'d  in  any  j)rinted  publication.  Parker  v.  Stiles,  6 
Mcl.K?an,  61.— McLkan,  J.;   Ohio,  184;». 

See  also  DniEST  Pat.  (.'ase.i,  titles  Inventor,  B.  ;  Inventton.  C. 

(/)  An  original  application  or  specification  cannot  Ikj  amended,  to 
conform  the  specilicntion  to  the  alterations  suggested  by  the  Commis- 
BtODcr,  except  under  this  section.  Dyson,  Ex  parte,  MS.  (App.  Caa.J — 
DcKUiP.  .1.;   D.  C,  1860. 

{g)  Right  of  willjdrawal  extended  to  foreigners  by  act  of  1837,  sec- 
tion 12. 

Right  of  withdrawal,  as  to  applications  made  after  March  2d,  1861, 
aboliiilio<i  by  act  of  IHt.l,  section  1*. 

Ai  to  tlie  eflcct  of  a  withdrawal,  see  DuiraT  Pat.  Ca.ses,  title  Ap- 
plication run  I'atpnis,  V. 

(h)  Tlio  renewal  oalli  re<iuircd  by  this  section,  is  re(|uired  only  when 
the  ni)plic.int  jMirsium  in  his  npplication,  after  having  been  informed  of 
the  defivls  of  his  s|M>cifiiiaion.  If  the  rejection  Is  tlniil.  though  upon  a 
first  examination,  no  new  nnth  is  necessary  to  enable  him  to  ap|>caL 
Crookcr,  Ex  parte,  M.S.  (App.  Caa.) — CRAJiCU,  Ch.  J. ;  D.  C,  1860. 


PATENT   LAWS.  125 


AC3T  OP  1836,  CHAP.  357,  §§  1,  8.  IN  Fonct 

So  niiich  of  tliig  section  as  requires  the  renewal  of  the  oath,  repealed 
by  the  act  of  isr.:',.  section  1. 

(f)  1.  By  section  II,  of  the  act  of  1S39,  an  appeal  was  pivcn  to  the 
Chief  Ju.stico  of  the  Circuit  Court  of  the  United  States  for  ti»e  District 
of  Cohimbia ;  and  by  section  12  of  the  same  act,  the  board  of  exami- 
ners was  abolished.  Tlio  right  of  appeal  was  afterwards  extended,  by 
tho  act  of  1852,  section  4,  to  cither  of  the  assistant  justicca  of  such 
court. 

'2.  By  tho  act  of  18G.'!,  section  3,  establishing  the  Supreme  Court  of 
the  District  of  Cohimbia,  ami  abolishing  tho  Circuit  Court,  the  powers 
theretofore  exorcised  b}'  the  judges  of  the  Circuit  Court  were  conferred 
up  m  the  justices  of  the  said  Supremo  Court,  severally.  Under  this 
act,  appeals  are  now  taken  to  the  justices  of  .said  Supreme  Court. 

3.  An  ajipcal  lies  under  this  section  to  an  applicant,  upon  the  refusal 
of  a  patent  to  him  when  there  is  no  opposing  party.  Fultz,  Ex  parte, 
MS.  (App.  Cas.)— .MoRSELL,  J.;   D.  C,  18.".:J. 

4.  There  is  nothing  in  the  act  of  1839  which  takes  away,  or  impairs 
Buch  right.     Ibid. 

6.  There  is  no  limitation  of  time  as  to  an  appeal  from  the  decision 
of  the  Commissioner  of  Patents.  Jaunty,  Ex  parte,  MS.  (App.  Cas.) — 
Cranch,  Ch.  J.;  I).  C,  1847. 

As  to  right  of  appeal,  duties  of  Commissioner  of  Patents  in  cases  of, 
&c.,  see  Digest  Pat.  Cases,  title  Appeals,  B. 

See  also  notes  to  section  8  of  this  act,  and  notes  to  section  II  of  the 
act  of  1839. 

Section  8.  [Modified  by  act  of  1839,  §  6.]  A)i<J  he  it 
further  enacted.,  That  whenever  an  application  shall  be 
made  for  a  patent  which,  in  the  opinion  of  the  Conimis- 
Bioner,  would  interfere  with  any  other  patent  for  which 
an  application  may  be  pending,  or  with  any  unexpired 
patent  which  shall  have  been  granted,  it  shrill  be  the  duty 
of  the  Commissioner  to  give  notice  thereof  to  such  appli- 
cants, or  patentees,  as  the  case  may  be  (a)  ;  and  if  cither 
shall  be  dissatisfied  with  the  decision  of  the  Commissioner 
on  the  question  of  priority  of  rtght  or  invention,  on  a 
hearing  thereof,  he  may  apjieal  from  such  decision,  on 
the  like  terms  and  conditions  as  are  provided  in  the  pre- 
ceding section  of  this  act ;  and  the  like  proceedings  shall 
be  had,  to  determine  which  or  whether   either  of  tho 


126  PATENT  LAWS. 


IX  rOBCE.  ACT  or   1836,   CHAP.   357,   g  8. 

applicants  is  entitled  to  receive  a  patrnt  as  prayed  for.  (6) 
But  notl'.in;^  in  this  act  contained  shall  be  construed  to 
deprive  an  original  and  true  inventor  of'  the  riglit  to  a 
patent  for  his  invention,  by  reason  of  his  having  previous- 
ly taken  out  letters  patent  therefor  in  a  foreign  country, 
and  the  same  liaving  been  j)ublis]ied,  at  any  time  within 
six  months  next  preceding  the  filing  of  his  specification 
and  drawings.  (<•)  And  whenever  the  applicant  shall 
request  it,  the  jiatent  shall  take  date  from  the  time  of  the 
filing  of  the  specification  and  drawings,  not  however  ex- 
ceeding six  montlis  prior  to  the  actual  issuing  of  the 
patent;  and  on  like  request,  and  the  payment  of  the  duty 
herein  required,  by  any  ajiplicant,  his  specification  and 
drawings  shall  be  filed  in  the  secret  archives  of  the  oflice 
until  he  shall  furnish  the  model  and  the  patent  be  issued 
not  exceeding  the  term  of  one  year,  the  ai)plicant  being 
entitled  to  notice  of  interfering  ap[)lications. 

(a)  1.  Tho  interference  mentioned  in  this  Boction  must  be  nn  inter- 
ference in  respect  to  patcntaHe  matters,  and  tlie  claims  of  tho  appli- 
cants must  ho  limited  tti  the  matters  spccilically  set  forth  as  their 
respective  inventions;  and  what  is  not  claimed  is  to  l)e  considered,  for 
tho  purjKJso  of  suoh  intorfiTonci',  as  disclaiiiictl.  A  patenlaldo  im- 
provement is  not  un  inlerforcnco.  Bain  v.  J/wrae,  M.S.  (App.  Cas  ) — 
CnASCll,  Ch.  .1.;   D.  C,  1849. 

2.  There  ran  1k«  no  interference  between  apjilications,  unless  there 
iff  a  substantial  idiiitity  uf  the  thing's  for  which  a  patent  is  sought. 
7V*"i  V.  Jii/>kin,  MS.  (App.  Ca.s.)— .MoiU^Kl.U  J.;    D.  (".,  1853. 

U.  An  intorfereiK-o  may  be  doelared  between  a  pt-ndin^j  application 
and  an  application  fur  a  reissue  of  an  existing  patent,  but  tlie  omi.s- 
■ion  to  do  H'l  at  that  time  does  not  take  away  tho  rlRlit  of  tlio  Palout 
OflSce  to  declare  such  an  interference  8ub.sc«iuently.  Jlickt  v.  Shaver, 
MS.  (App.  Ca''.)— l)ixi,op,  J.;   I).  C,  18<-.l. 

4.  The  Commifsionor  has  authority  to  |)onnit  one  of  two  competing 
•pplicantN  for  a  patent  for  a  similar  invention  to  withdraw  his  applic.i- 
tion,  after  deciftjon  upon  an  interferenoo,  and  relile  his  application,  and 
to  declare  a  k  cond  interferencv  l>etweou  such  last  application  and  the 
com{>etinK  one.  WitJr  v.  MaWtewt,  6  Opin.,  'J'21. — .loHNSOV,  Atty.- 
OcD. ;   1H4'J. 


PATENT  LAWS.  127 


ACT  OF  1836,  CHAP.  357,  §  8. 


5.  A  second  interferonce  is  only  a  rehearinj?  of  tlio  same  case. 
Eamesx.  Richanh,  M«.  (App.  (Jas.)— .MF.n!:UK,  J.;  P.  C,  1859. 

6.  Tlio  |)ioccc'(iin>fs  in  contested  cises  in  tliu  Patent  Ollice  have  no 
resemblance  to  triala  at  law.  Speur  v.  AbboU,  MS.  (App.  Cas.) — DuN- 
LOP.  J.;   U.  C.  1859. 

See  also  Digest  Tat.  Case?,  title  Interference. 

(6)  1.  Tlie  scope  ofthi-*  section  is  b^oad  cnouKl>  to  include  tlie  ques- 
tion of  interference  as  well  as  that  of  priorit'j.  if  it  should  arise,  on  an 
appeal  to  the  judge.  The  question  of  priority  necessarily  includes 
that  of  interference.  Bain  v.  Morse,  MS.  (App.  Cas.) — C'RANcn,  Ch.  J. ; 
D.  C,  1819. 

2.  An  appeal  is  given  by  secUon  7  to  an  applicant  where  there  is  no 
Opposing  part}';  and  by  this  section  where  there  are  interfering  appli- 
cations ;  and  there  is  nothing  in  the  repealinj^  act  of  1839  which  takes 
away  or  impairs  such  right.  Fidtz,  £x parte.  MS.  (App.  Cas.) — MoE- 
selC  J.;   D.  C,  1853. 

3.  Under  this  section  no  appeal  can  be  taken  from  the  decision  of 
the  Cumniiss^ioner  of  Patents,  unless  the  application  for  a  patent  is  re- 
jected. In  no  case  can  an  appeal  be  taken  to  the  granting  of  a  patent. 
Fom'Toy  v.  Connison,  MS.  (App.  Cas.) — CR.\Ncn,  Ch.  J.:   1».  C,  1842. 

4.  A  patentee  there  fMc  h  is  no  rig  I  it  of  appeal  from  the  decision  of 
the  Commissioner  granting  a  patent  to  another  person,  an  applicant,  in 
an  interference  between  such  applicant  and  patentee.     Ibid. 

5.  The  word  "  eithei  in  this  section — when  speaking  of  the  parties 
who  may  appeal — apiV.ies  to  the  words  ''such  appli"ants,"  i.e..  either  of 
such  aiplicants.  'ihis  construction  is  sustained  by  tJie  language  below 
authorizing  the  jud_'e,  on  appeal,  "  to  detf-rniine  which  or  whether 
either  of  the  apjilicunts  is  entitled  to  receive  a  patent  as  praijed  for.    Ihid. 

6.  This  decision  was  followed  in  Whippk  v.  Benton,  MS.  (App.  Cas.) 
— MoRSELL.  J.;  D.  C,  1854.  Hopkins  v.  Bamum,  MS.  (App.  Cas  )— 
MoiiSELi^  J.;  D.  C,  1859.  Kingstey  v.  flerriet,  MS.  (App.  Cas.) — MOK- 
si;li..  J.;  D.  C,  1851.  Drake  v.  Cunning.'ia,n,  MS.  (App.  Cas.) — XIorsell, 
J.;   I).  C,  1855. 

7.  In  a  later  case,  it  was  held  thit  a  patentee  has  equal  right  of  ap- 
peal from  a  decision  of  the  Commissioner  of  Patents  in  favor  of  au  ap- 
l)licant,  and  granting  him  a  patent,  that  an  applicant  has  from  a 
decision  in  favor  of  a  prior  patentee,  and  refusing  the  applicant  a 
patent.     Babcock  v  T>eg->rr,  MS.  (App  Cas.)— Mkrrick.  J.;  D.  C,  1859. 

8.  This  decision  was  followed  in  Sjyear  v.  Aobott,  MS.  (App.  Cas.) — 
DcNtOP,  .T. ;  D.  C.  18'.9;  and  B'^ch  v.  Tucker.  MS.  (App  Cas.)— MOR- 
SEi.L,  J.;  D.  C,  18(10. 

[>.  Tlio  right  of  appeal  is  now  considered  as  established  in  accord- 
ance with  these  later  decisions. 

10.  As  to  the  requisites  of  the  reasons  of  appeal,  and  the  jurisdiction 
of  the  justices  of  the  Circuit  Court  on  appeal,  and  the  eflect  of  their 
decisions,  see  notes  to  section  11  of  the  act  of  1839. 

See  also  Digkst  Pat.  Cases,  title  -Vppeals,  B. 


128  TATKNT   LAWS. 


ACT  OF  1836,  CHAP,  367,  §§  8,  9. 


(«■)  1.  Br  the  act  of  1839,  section  6,  the  obtaining  a  foreign  patent 
more  tlinn  six  months  prior  to  his  npplication  hero  will  not  debar  a  p<T- 
pon  from  ro<"civing  a  patent,  providi'd  the  invention  lias  not  been  intro- 
diK-cil  into  public  and  common  use  in  the  United  States  prior  to  such 
application. 

2.  The  provisions  of  this  section,  and  of  section  6  of  the  act  of  IS30, 
as  to  the  obtaining  of  patents  after  foreii,Ti  patents  have  been  secured, 
and  «s  to  the  date  of  tlie  home  patent  in  such  case,  relates  only  to  such 
patents  as  are  applied  for  hero  after  the  issue  of  the  foreign  patent. 
IVettch  V.  Rogers,  MS. — Kane,  J.;   Pa.,  1851. 

Section  9.  [Amended  by  act  of  1801,  §  10.]  And  be 
it  fiirt/nr  enactvd,  That  before  any  application  for  a  pat- 
ent sliall  be  considered  by  the  Conimi.s.sionor  as  afure.><aid, 
the  ai)plicant  shall  pay  into  the  Treasury  of  the  United 
States,  or  into  the  Patent  Office,  or  into  any  of  the  de- 
posit banks  («),  to  the  credit  of  the  Treasury,  if  he  be  a 
citizen  of  the  United  States,  or  an  alien,  and  shall  have 
been  resident  in  the  United  States  for  one  year  next  pre- 
ceding, and  shall  have  made  oath  of  his  intention  to 
become  a  citizen  thereof,  the  sum  of  thirty  dollars;  if  a 
subject  of  the  king  of  (Jreat  Mritain,  the  sum  of  live  hun- 
dred dollars;  and  all  other  persons  the  sum  of  three  hun* 
dred  dollars  (/>) ;  for  wliich  payment  dujdicate  receipts 
fhall  be  taken,  one  of  which  to  be  filed  in  the  office  of  the 
Treasurer.  And  the  moneys  received  into  the  Treasury 
under  this  act  shall  consiitute  a  fund  for  the  payment  of 
the  salaries  of  the  officers  and  clerks  herein  provided  for, 
and  all  other  expenses  of  the  Patent  Office,  and  to  bo 
called  the  Patent  Fund. 

(a)  Ywn  mnj  be  aont  to  the  Patent  OCQce,  or  bo  paid  to  the  Assistant 
Trcasurernof  the  t'.  8  at  Now  York  City;  Hoston,  Ma-sa. ;  and  St.  Louia, 
Mo.;  Trcaaurers  of  the  Mint,  I'hilndeljfliin,  Pa.;  and  New  Orleans.  La.: 
8ur%'eyor  and  Inc|)ector  of  tlie  CiitttomH,  PittsburtJ,  Pn. :  Surveyor  of 
the  Cutloms,  Cincinnati,  D  :  Collerturs  of  the  Customs  ut  Haltimoro,  Md.; 
BufTalo  Creek,  N.  Y-;  and  San  FranciHco,  Cal. :  lUwiTors  of  Public  Mo- 
neys at  .lenriT-ionville,  Ind. ;  ('iiicngo,  111.;  and  Detroit,  Mich.;  and  anj 
Kalioaal  Bank  which  luui  b«CD  doaigoalvd  a  depository  of  public  mone/. 


PATENT  LAWS.  129 


ACT  or  1836,   CHAP.   357,   §§  10,  11.  IN   FOBCE. 

(b)  By  a  subsequent  statute,  all  laws  flxinpr  the  rateR  of  the  Patent 
OfTico  foes  to  bo  paid,  and  discriminating  between  tlie  inliabitants  of 
the  I'nited  States  and  thoso  of  other  roiintries.  v.hicli  fh-.M  not  dis- 
criininalo  ap.iin.st  llic  itilialiitanls  of  the  United  ."^tates,  are  lejiealed, 
and  a  uniform  rate  of  fees  established  for  all.     Act  of  18G1,  section  10. 

Sectiox  10.  And  he  it  furt/icr  enacted^  That  where 
any  persdn  h.ith  made,  or  shall  liave  made,  any  new  in- 
vention, discovery,  or  improvement,  on  accoimt  of  which 
a  patent  might  by  virtue  of  this  act  be  granted,  and  such 
person  shall  die  before  any  patent  shall  be  (granted  there- 
for, the  right  of  applying  for  and  obtaining  such  patent 
shall  devolve  on  the  executor  or  administrator  of  such 
person,  in  trust  for  the  heirs-at-Iaw  of  the  deceased,  in 
case  he  sh.all  have  died  intestate;  but  if  otherwise,  then 
in  trust  for  his  devisees,  in  as  full  and  ample  manner,  and 
under  the  same  conditions,  limitations,  and  restrictions 
as  the  same  was  held,  or  might  have  been  claimed  or  en- 
joyed by  such  person  in  his  or  her  lifetime  (</)  ;  and  when 
application  for  a  patent  shall  be  made  by  such  legal  rep- 
resentatives, the  oath  or  affirmation  provided  in  the  sixth 
section  of  this  act  shall  be  so  varied  as  to  be  applicable 
to  them. 

(a)  1.  Under  this  section,  if  an  inventor  die  before  he  has  obtained  a 
patent  for  his  invention,  no  person  other  than  his  executor  or  adminis- 
trator can  apply  for  a  patent  for  such  invention,  and  the  patent  must 
be  issued  to  such  persons  in  trust  for  the  heirs-at-law  or  devisees  of 
the  inventor.  Stimpson  v.  Rogers,  4  Blatclif. — Ingersoll,  J.;  Ct 
185JI. 

2.  It  need  not,  however,  be  expressed  in  the  patent,  that  it  is  issued 
to  such  executor  in  trust  for  those  entitled  to  it.  It  will  be  sufficient 
that  the  jiatcnt  s  -t  fortii  that  it  was  issued  to  the  prantee  as  executor. 
AVluit  the  cxccut  )r  does  in  relation  to  the  property  of  the  devisor,  ho 
does  in  trust  for  those  to  whom  such  property  is  given  by  the  will 
Ibid. 

Sectiox  11.    And  he  it  fxrt/ier   enacted,   That  every 
patent  shall  be  assignable  in  law,  either  as  to  the  whole 
c* 


130  PATENT  LAWS. 


ACT  OF  1836,   CHAP.   357,   §  11. 


interest,  or  any  undivided  part  thereof,  by  any  instrument 

in  writing;  whicli  assignment,  an«l  also  every  grant  and 
otnveyance  of  the  exclusive  riglit  undi-r  any  patent,  to 
make  and  use,  and  to  grant  to  otlicrs  to  make  and  use  {<i) 
the  thing  patented  within  and  throughout  any  specilied 
])art  or  portion  of  the  United  States,  shall  he  recorded  in 
the  Pateut  Olliee  within  three  months  from  the  exicution 
thereof  (6),  tor  which  the  assignee  or  grantee  shall  piy  to 
the  Commissioner  the  sum  of  three  dollars,  (c) 

(a)  \.  Tills  section  provides  for  but  tlireo  kiiul^  of  a.ssignmcnts : 
1st.  As  to  the  whole  interist ;  2(1,  As  to  an  undividod  part;  and  3d, 
An  exclusive  rijjlit  in  any  district.  lUandftrd  v,  EUrid-jr,  1  Wall.,  Jr., 
339. — UuiKK,  J.;  Pa.,  18-i'J.  I'ott^r  \.  Holland,  MS. — IxOEKSoLI^  J.; 
Ct.,  1S58. 

2.  The  term  e.rclusive  comprclieuds  not  only  an  exclusive  rij^ht  to  tho 
whole  patent,  but  an  exclusive  right  to  the  patent  in  a  particular  aeetiou 
of  country.      W'aaltburn  v.  Gvuld,  A  Story,  l;;l. — SxoRV,  J. ;   Mas.s  ,  1841. 

:{.  Tile  uioniipoly  is  capable  of  subdivL-^ion  as  to  locality,  and  in  no 
other  wav.  Blanchurd  v.  Kldrid-je,  1  Wall,,  Jr.,  :i»0.— GuiKR,  J.;  I'a., 
Is-lU.  Wkittemort  v.  Cutter,  1  iJall.,  431.— SiOIlV.  J.;  Mu^-s.,  1S13. 
Jirooka  v.  Dyam.  2  Story,  525,  552. — Stouv,  J.;  Mass.,  1S43.  Suyda.n 
V.  Day,  2  lilatchf.,  23.— Nei^o.v.  J.;  N.  Y..  IS-IU.  Hitter  v.  &mi/,  2 
Blatohf.,  3.S3. — llKTTS,  J.;  N.  Y.,  1852.  Washnuj  Madi.  Co.  V.  Earlt,  3 
■\Vull.,  Jr.— IJitltli,  J.;   Pa.,  ISGI. 

4.  An  assignment  o!"  a  pateut  may  be  made  as  well  before  tho  issuing 
of  the  patent  as  allcrwurds.  The  thing  to  1h5  a.ssigned  is  not  tho  men* 
parciin»«iit,  but  the  monopoly  conferred — the  right  of  |irop.rly  which 
it  creaicn.  And  when  the  party  has  a<.fpiircd  an  incho;itc  right,  nn  afl- 
Bignnicnt  of  it  i«  legal.  Gayer  v.  WUder,  10  How.,  I'.i.t.— Ta.nev,  Clu 
J.;  Sup.  Ct.,  1850.  liatlilx'He  \.  Orr,  5  McI/jan,  131,  132. — McLean, 
J.;  Mich,  1850.  liich  v.  LiypiiuotL,  2G  Jour.  Fr.  Inst.,  3d  Sen,  13.— 
GUIEU,  J.;   Pu.,  1853. 

5.  Future  improvement.s  may  1k>  sold,  as  well  as  tlmse  already  mads; 
and  Xt)  include  a  Be<'<'nd  as  well  as  a  lirsl  patent.  Sesmith  v.  Calrcit, 
1  Wood  A  Mm.,  n.— WoouiiLUY,  J.,  Mass.,  18 J5. 

0.  Tho  iuehoato  right  of  an  inventor  to  a  rcnowol  is  the  subject  of 
gain.      Clum  v.  Jirei'rr,  2  I'urt.,  520.— (.'UHIIS,  J.;   .Mass.,  l.-5."». 

7.  Ono  toDunt  in  comm(»n  has  iw  unml  right  to  uho  and  sell  to  otitors 
to  uso  the  thing  patented,  as  tho  other  tc-naut  in  conmion  has;  and 
Deilbor  can  restrain  the  oilier  from  such  use  or  sale,      fbil,  521. 

8.  A  pajwr  pur|>orting  to  \x3  an  as.signment  of  an  expired  patent  !■ 
void.     IkU  V.  McCuU'j'jh,  M.S.— Le.wut,  J.;  Ohio,  1858. 


PATENT  LAWS.  181 


ACT  OP   1830,   CHAP.   357,   §§  11,  12.  IN  FORCR. 


(b)  1.  Tlic  provision  as  to  recording  assignments  witliln  three  months 
is  motfly  diroctorv,  and  except  as  to  intermediate  homijide  purciiaseis, 
•without  notice,  any  subsequent  recording;  is  sufllcient.  lirool.s  v.  Hyam, 
2  Story.  r.4J.— Stouy,  J.;  Mass.,  184:{.  J'itts  v.  Whitman,  2  Story, 
Gl;").— Stoky,  J.;  Mass.,  1813.  Blanch.  Gun-SU>ck  Fac.  v.  Warner,  1 
Blatchf.  U7  I. —Nelson-,  .!.;  Ct..  1;4G.  Uolden  v.  Curtis,  2' N.  Hanip., 
63.— WoOLBCRV,  .1.;   N.  II.,  1819. 

2.  A  mere  license  need  not  be  recorded — it  is  not  an  exclusive  right. 
Brooks  V.  Uyam,  '1  Story,  5i2,  o-i:i. — Stoi:y.  J. ;  Mass.,  1843.  Stevens  v. 
Ilvad.  9  Verm.,  177. — Williams,  Ch.  J.;  Vt..  1837. 

3  Under  this  section  an  a.^si^nment  inu.st  be  recorded  within  three 
months  to  defeat  tlie  right  of  a  aubscqueut  purchaser  without  notice, 
and  for  a  v.duable  consideration  In  order  to  guard  against  an  out- 
standing title  of  over  three  montiis'  duration,  the  purchaser  need  only 
look  to  the  records  of  the  Patent  Office.  Within  tliat  period  he  must 
protect  liimself  in  the  best  way  he  can,  as  an  unrecorded  assignment 
would  prevail;  but  it  must  be  one  in  writing,  that  may  be  recorded. 
Cibson  v.  Cook,  2  Bhitchf.,  148. — Xelsok,  J.;  X.  Y.,  1S50. 

See  aI.so  Digi:.st  P.\t.  (.'ask.'',  titles  Assioxmext,  B.  2;  License.  B. 

(c)  For  existing  fees  for  recording  assignments,  see  act  of  1861,  sec- 
tion 10. 

Section  12.  [Araendccl  by  .act  of  1861,  §§  9,  10.]  And 
be  it  further  oiai'trd^  That  any  citizen  of  the  United 
States,  or  alien,  Avho  sliall  have  been  a  resident  of  the 
United  Slate.s  one  year  next  preceding,  ai;d  shall  have 
made  oath  of  his  intention  to  become  a  citizen  thereof, 
who  shall  have  invented  any  new  art,  machine,  or  im- 
provement tliereof,  and  shall  desire  further  time  to  mature 
the  same,  m.iy,  on  i)aying  to  the  ciedit  of  the  Treasm-y, 
in  manner  as  provided  in  the  ninth  section  of  this  act, 
the  sum  of  twenty  dollars  (a),  file  in  the  Patent  Office  a 
caveat,  setting  forth  the  design  and  purpose  thereof,  and 
its  principal  and  distinguishing  cliaracteristics,  and  pray- 
ing protection  of  hi:>  right  till  he  shall  h.ave  matured  his 
invention  ;  which  sum  of  twenty  dollars,  in  case  the 
person  filing  such  caveat  shall  jifterwards  take  out  a 
patent  for  the  invention  therein  mentioned,  shall  be  con- 
sidered a  part  of  the  sum  licrein  required  i'or  the  same. 


132  PATENT   LAWS. 


ACT  or  1836,  CUAP.  357,  §  12. 


And  such  caveat  shall  be  filed  in  the  confidential  archives 
of  the  office,  and  preserved  in  secrecy.  And  if  applica- 
tion shall  be  made  by  any  other  person  within  one  year 
from  tlie  time  of  filini;  such  caveat,  for  a  patent  of  any 
invention  with  which  it  njay  in  any  respect  interfere,  it 
tli:jll  be  duty  of  the  Coniinissiioner  to  deposit  the  descrijH 
li<»n,  s])ecitications,  drawings,  and  model,  in  the  confi<len- 
lial  archives  of  the  office,  and  to  give  notice,  by  mail,  to 
the  person  filing  the  caveat,  of  such  application  (/>),  who 
Khali,  witiiin  three  months  after  receiving  the  notice,  if 
he  W(»uld  avail  himself  of  the  benclit  of  his  caveat,  lilo 
his  (lescrij)tion,  spci'ificatioiis,  drawings,  and  model ;  and 
if,  in  the  opinion  of  the  Commissioner,  the  specifications 
of  claim  interfere  with  each  other,  like  j»roceetlings  may 
be  had  in  all  respects  as  are  in  this  act  provided  in  the 
case  of  interfering  applications  :  Provided^  /lotrever,  That 
no  opinion  or  decision  of  any  board  of  examiners,  under 
tlie  provisions  of  this  act,  shall  preclude  any  person  inter- 
ested in  favor  of  or  against  the  validity  of  any  patent 
wliieh  has  been  or  may  hereafter  be  granted,  from  the 
right  to  contest  the  same  in  any  judicial  couit  in  any 
action  in  which  its  validity  may  come  in  question. 

(fl)  1.  Th<'  fio  ro'juirid  on  liliii^r  n  Ciivoat  is  now  rediicoil  to  ton  dollars, 
ond  fucli  HUin  in  no  lunpcr  lo  \h.<  eoiisiilorod  us  n  part  of  llio  sum  re- 
quiriKl  to  l>o  paicl  on  tiliti^  it  RutiHoquont  n|>|>lication  for  h  patent  for  the 
Buino  invention.     Act  of  ISf.l,  soctionH  1»,  lo. 

'2.  \  caveat  may  t>c«  renewed  at  ilio  end  of  ono  year  by  paying  a  fur- 
ther fe«  of  ten  dollurx,  nnd  no  on  from  year  to  ycnr. 

{b)  I.  TliJH  mi-lion  is  for  tiic  bcnclii  of  the  inventor,  but  is  not  neoes* 
nary  for  the  prenorvHtion  of  liiH  ri^hl,  nor  drwa  the  oniisaion  to  lllo  a 
c.ivcat  impair  hi.H  tile.  Jl.ldnntk  v.  IJeatli^  M8.  (.Vpp.  CuH.)— CliAKCU, 
Ch  J  ;   D.  C,  1841. 

2.  It  only  enablts  him  t'>  have  notice  of  any  interfering  application. 
It,  however,  ifivon  no  noticv  to  the  world,  nor  even  to  the  interfering; 
opplicnnt,  an<l  Im  notice  to  the  Ci>mmii««inner  only.     Ibid. 

3.  Tlio  utvcat  is  to  Hvt  forth  thu  "  duHign  and  piirpoao  "  of  the  invoa- 


PATENT  LAWS.  133 

ACT  OP   18.16,   CHAP.   357,    §§  12,  13.  W   FORCE. 

tion,  and  "its  principal  and  distinsruisJiini?  cliaractoriatics;"  but  it  is 
not  nece.ssarv  tiiat  it  sliouid  explain  tlio  principle  involved,  or  tho 
modes  in  which  it  can  be  applied,  nor  how  it  is  distinpnishcd  from 
other  inventions.     Aiion.,  MS,  Opin. — Black,  Attv. -Gen. :   1857. 

4.  The  Commissioner  can  perform  no  act  upon  it,  but  filing  it,  nor 
in  consequence  of  it,  except  to  give  ibo  caveator  notice  of  a  conHicting 
application.     Ihi'/. 

5.  A  caveat  answers  a  double  purpose:  1st,  to  give  notice  of  tho 
claim  of  tiie  inventor;  and  2d,  to  prevent  a  patent  issuing  to  another 
for  the  same  thing.  Allen  v.  Hunter,  G  McLean,  301. — McLea.v,  J. ; 
Ohio,  18.^1.-). 

6.  A  caveat  is  evidence  as  to  an  invention,  so  far  aa  it  extends  to 
the  description  of  the  invention  and  tho  machinery  which  was  then 
constructed.  Jonea  v.  WetherelL,  MS.  (App.  Cas.) — Mousell,  J.;  D.  C, 
1855. 

7.  A  caveat  is  not  conclusive  evidence  that  an  invention  is  not  per- 
fected.    Johnson  v.  Hoot,  M>. — Spr.voue,  J.;  Mass.,  I9i)9. 

8.  The  fact  that  a  patent  is  granted  to  one  person,  while  another  has 
a  caveat  pending  and  in  force,  will  not  of  itself  vacate  the  patent 
granted,  nor  authorize  the  Commissioner  to  grant  a  patent  to  tho 
caveator.  Cochrane  v.  Waterman,  MS.  (App.  Cas.) — Craxch,  Ch.  J. ; 
D.  C,  1811. 

9.  The  purpose  of  a  caveat  is  to  save  the  discoverer  of  an  invention 
from  the  efl'cct  of  the  rule  of  law  that  gives  to  the  inventor  who  (irst 
adapts  his  invention  to  practical  iise  the  right  to  the  grant  of  a  patent; 
and  if  the  Commissioner  gives  the  caveator  notice  of  any  interfering 
application,  it  secures  him  against  the  effect  of  the  rule.  J'lieips,  Dodge 
d'  G>.  V.  Jh-own  Bros.,  IH  How.  Pr.,  9. — Nelson,  J.;  N.  Y.,  1859. 

10.  But  if  the  Commissioner  accidentally  omits  to  give  the  caveator 
the  notice  required,  his  rights  will  not  be  prejudiced  thereby.     Jbid.,  9. 

See  also  Digest  Pat.  Cases,  title  Caveat. 

Section  13.  [Anicndoil  by  act  of  1837,  §§  5-8;  Re- 
pealed in  part  by  act  of  1861,  §  9.]  And  be  it  further 
enacted.  That  whenever  any  patent  which  has  heretofore 
been  granted,  or  which  shall  hereafter  be  granted,  shall 
be  inoperative,  or  invalid,  by  reason  of  a  defective  or 
insiiflicient  description  or  specitication,  or  by  renson  of 
the  patentee  claiming  in  hi.s  specification  as  his  uwn  in- 
vention, more  than  he  had  or  shall  have  a  riudit  to  claim 
as  new;  if  the  error  has,  or  shall  have  arisen  by  inadvert- 
ency, accident,  or  mistake,  and  without  anv  fraudulent  or 


134  PATENT   LAWS. 

IX  roncE.  ACT  or  183G,  rnAP.  .Jf)?.  g  13. 

deceptive  intention,  it  shall  be  lawful  for  the  Commis- 
sioner, upon  tlie  surrender  to  him  of  such  patent,  and  the 
payment  of  the  further  duty  of  fifteen  dolhirs,  to  cause  a 
new  ]>att'iit  to  be  issued  to  the  said  inventor,  for  the  same 
invention,  for  the  residue  of  tlie  period  then  unexjiired 
for  which  the  original  patent  was  granted,  in  accordance 
with  the  patentee's  corrected  description  and  specifica- 
tion, {a)  And  in  case  of  his  death,  or  any  assignment  by 
him  made  of  the  original  patent,  a  simihir  right  shall  vest 
in  liis  executors,  administrators,  or  assignees.  {/>)  And 
the  patent,  so  reissued,  together  with  the  corrected  de- 
scription and  specification,  shall  have  the  same  efl:ect  and 
operation  in  law,  on  the  trial  of  all  actions  hereafter  com- 
menced for  causes  suhsecjuently  accruing,  as  though  the 
same  had  been  originally  filed  in  such  corrected  form, 
before  the  issuing  out  of  the  original  patent,  (c)  And 
whenever  the  original  ])ateutee  shall  be  desirous  of  add- 
ing the  description  and  specification  of  any  new  improve- 
ment of  the  original  invention  or  discovery  which  shall 
have  been  invented  or  discovered  ])y  him  subsequent  to 
the  date  of  his  patent,  he  may,  like  jiroccedings  being 
liad  in  all  respects  as  in  the  case  of  original  appii<'ations, 
and  on  tin-  jiaymmt  of  liftecn  dollars,  as  hereinbeforo 
])rovided,  have  the  same  annc\c<l  to  tlie  orininal  description 
and  specification;  and  the  C'ommis^ioiu'r  shall  certify,  on 
the  margin  of  such  annexed  description  and  speciiieation, 
the  time  of  its  ])oing  annexed  aii<l  ri'corded ;  and  the 
same  shall  hereafter  have  the  same  (fleet  in  law,  to  all 
intents  and  puqioses,  as  though  it  had  been  cnd^raccd  in 
the  original  description  and  specification,  (d) 

(n)  1.  T}ii«  Bection  cnnloniplolfg  two  claKsoR  of  cdsob,  wlioro  a  pnt- 
cnt  iM  invalid  or  inoperatvt ;  iMt,  l>y  rcnnon  of  a  dcfoclive  or  inBufUcient 


I'ATENT   LAWS.  135 


ACT  OF   1836,   CHAP.  367,  .§  13.  IN   FORCE. 

Bpociflcation ;  and  2d,  whoro  tho  sanio  objection  arises  because  the 
]iatfmeo  has  claiini'i  iiioro  tliaii  he  ijad  a  right  to  claim.  Goodyear  v. 
Day,  MS.— DicKKHsoN-,  .1.;  N.  J.,  Isb'J. 

2.  This  ."fftiou  may  lie  regarded  as  affirming  the  propriety  of  tlie 
usa^e  whicli  had  obtained  under  tlie  former  laws,  and  under  which  a 
second  reissue  was  allowed  aa  well  as  the  first.  French  v.  liogcrs, 
MS.— K.VXE,  J.;   Pa.,  1851. 

2.  There  may  be  more  than  one  reissue  of  the  same  patent.  Tho 
surrender  and  reissue  should  be  allowed  to  follow  each  other  as  oft«a 
as  the  inventor  is  content  to  be  more  specific  or  more  modest  in  hi8 
cl:\ims.  Ibi(L  Also  Ball,  Ex  parte,  M.S.  (App.  Cas.) — Mohsell,  J.  ; 
D.  C,  18G0. 

4.  The  power  to  correct  mistakes  in  a  patent  is  confided  to  the  Com- 
missioner of  Patents  under  this  section,  and  does  not  belong  to  the 
courts.  The  courts  can  only  construe  tho  specification  and  claim  as  it 
Btand.s.     Kittle  v.  Merriam.  2  Curt.,  478. — CuRTi.s,  J.;  Mass.,  1855. 

5.  This  section  gives  to  the  patentee  the  right  to  correct  his  de- 
scription or  spccilicatiou.  when  its  imperfection  has  arisen  from  inad- 
veitency,  ac-c-ideut,  or  misake.  But  the  only  condition  on  whicli  this 
can  be  done,  is  that  the  original  patent  is  incqKrative  or  invalid  by 
reason  of  a  failure  to  comply  with  the  requirements  of  the  statutes. 
The  proceeding  is  liiercfure  equivalent  to  a  distinct  admission,  made  in 
tho  niMHt  ."^olemn  form,  that  the  patent  has  no  validitj-  in  the  sense  of 
entitling  a  patentee  to  an  action  for  its  infringement.  Morjitt  v.  Gaab, 
MS.— Leavitt,  J.;   Ohio,  IS'JO. 

C.  The  words  in  this  section,  "it  shall  be  lawful  for  the  Commia- 
Bioucr,  Ac,  to  cause  a  new  patent  to  be  issued,"  are  to  be  construed  as 
mandatoy,  and  to  be  of  the  same  import  as  if  the  words  had  been,  "it 
shall  be  the  duty  of  the  Commissioner,''  4c.  The  true  meaning  is,  tlie 
Commissioner  is  to  liavo  no  discretion  in  the  case  provided  for  in  the 
section.     J9i/ma;j.  Ejt jmrte.  MS.  (.\pp.  Cas.) — Dlxlop,  J.;  D.  C,  18G0. 

7.  When  tho  case  proviiled  lor  arises,  he  is  commanded  to  exercise 
the  power,  whether  ho  thinks  it  just  and  right  to  exercise  it  or  not ;  he 
has  no  discretion.     Ibid. 

8.  The  surrcndci-  and  reissue  of  a  patent  extended  by  act  of  Con- 
gress, after  an  extension,  under  section  18  of  the  act  of  18:!G,  stands 
on  the  same  looting  as  if  such  surrender  and  reissue  were  made  under 
the  extension  bv  virtue  of  said  section  18.  Gibson  v.  Harris,  1  Blalchf., 
IGli,  no.— Xei.so.x,  J.;  N.  Y..  184ti. 

9.  It  is  not  the  meaning  of  this  section  that  the  patentee,  in  his 
reissue,  must  describe  and  claim  in  his  new  specification,  either  in 
■words  or  idea,  just  what  he  described  and  claimed  in  his  old  one;  but 
his  specilication  must  be  of  the  same  invention,  and  he  cannot  embrace 
a  difiereut  subject-matter  than  that  ho  sought  to  patent  originally. 
French  v.  S  gers,  MS. — Kane.  J.;  Pa.,  1851.  BaUin  v.  Tagyari,  17 
How.,  83.— McLeax,  J.;  Sup.  Ct.,  1854. 

10.  Upon  an  application  for  a  reissue,  the  applicant  is  not  necessarily 


136  PATENT  LAWS. 


IX   FORCE.  ACT  OF   18.10,   CHAP.   351,  §  13. 

contlDe<i  to  tlio  oripiiial  record,  i.  r.,  iho  patent  and  ppocificntion.  but 
the  ori^nnal  model  m:iv  be  referred  to  as  evidenw  of  the  then  inven- 
tion. Wtlson  V.  Singer,  M.S.  (App.  Cas.)— Dtsixd',  J.;  I>.  C,  18C0. 
JUiU,  Ex  jHxrU,  MS.  (App.  Cas.),  and  Dktz,  Ex  park,  MS.  (App.  Cns.)-; 
MonsKi-u  J.;  I>.  i'.,  IS'JO. 

II.  Fee  on  rei.ssue  now  thirty  dollars.     Act  of  ISfil.  ^10. 

fx>e  also  DiGKST  r.\T.  CA.SE.S,  title  ItKissuE  OF  Patent,  B.,  C. 

{b)  1.  Under  tliis  section  the  power  to  .«tirrcndcr  a  patent  and  take 
ont  a  renewal  thereof,  is  vested  e.xclu.»<ively  in  the  patentee.  hi.s  execu- 
tors administrator;*,  or  assij^ns,  and  tlaro  is  nothing  re.striclinj^  nuch 
rlL'ht  beeanse  of  sjx>cial  or  limited  grants  of  licvnses  previounly  made. 
i^iiiith  V.  ilrrcer,  4  West.  Law  Jour.,  52. — Kaxj:,  J.;   Pa..  184f». 

2.  By  this  section  the  solo  right  to  surnMuler  is  ffiven,  1st,  to  the 
patentee,  if  he  is  alive  and  has  made  no  assi^'nment  of  the  orijfiiial  pat- 
ent; 2,  to  liie  executors  and  administrators  of  the  patentee,  afler  liis 
decease,  where  there  ha.«<  lK.'en  no  such  assi|i^iment ;  and  M,  to  llio 
assi^rnec,  where  there  has  been  an  assignment  of  tlic  original  patent 
The  right  to  surrender  is  giveu  to  no  oue  else.  Potter  v.  Holland,  MS. 
— IXGEILSOLL,  J.;   Ct.,  1S5S. 

3.  Where,  however,  there  has  Ix-on  an  assignment  of  an  undivided 
part  of  the  whole  patent,  in  siicli  case  the  assignee  and  patentee  U>oome 
joint  owners,  and  should  join  in  the  surrender;  and  if  they  do  not  it 
will  be  invalid,  unless  the  part  owner  not  joining  sliall  ratify  it.  Ibid. 
■  4.  A  lieonpoe  has  no  aiuhority  to  make  a  surronder.  and  one  made 
without  his  consent  is  valid.  But  such  a  licensee  may  hold  under  the 
original  or  the  reissued  patent,  as  he  prefers.     Jbil. 

r».  'I  hero  may  be  a  claim  of  right  in  an  invention,  under  one  or  the 
old  palcnl,  for  one  .section  of  the  country,  and  a  diflerent  cluini  of  right, 
under  the  reissued  patent,  for  the  same  invention,  for  another  section 
of  countrv.     Ibid. 

Soe  also  Di<iF„ST  Pat.  Cases,  title  Reis-sce  of  Patent,  A. 

(r)  1.  I'nder  this  section  the  second  |)atent.  with  (Mrreetod  spccillca- 
tions,  haH  r<  lation  bark  to  the  emanation  of  the  lirst  patent,  as  fully  for 
every  legal  i»uri>ose  as  to  catises  subsetiuently  accruing,  as  if  the  second 
)>at/-iit  had  l>een  issmti  at  the  dale  of  the  (Irat  one.  i<tinley  v.  W/iijtple, 
2  McLf'an.  :!7.— McLean.  J. ;  Ohio.  Is.lO. 

2.  A  reissued  patent  is  only  a  i-ontinuation  of  the  original  one. 
Amrt  v.  Jlvard,  1  .Sumn.,  -l.s.s.— .Stouv,  .1.;  Mass.,  1H33.  SlnnUi/  v. 
W/iij,pl>;  2  M<-Lean,  :J7.— .McLeax.  .1.;   dliio.  \y.\0.     W'oi'dworth  v.  Jlall, 

I  W'otA.  k  Min..  2.'i7.— W(K)i)niuv,  .!.;   Mu.hh..  Is-l''.. 

3.  The  rights  of  the  patentee  are  to  bo  ascertained  by  the  law  imdor 
which  the  original  application  was  made.  Shaw  v.  Cooper,  1  Pet , 
315.— McIj^ax.  J.;  Sup.  Pi.,  1833. 

4.  A  patentee  cannot  by  a  surrender  affect  the  rights  of  third  por- 
noan  to  whom  lie  had  previously  conveyed  an  interest.  Wixxluvrth  ▼. 
Sumr,  3  Stor)',  7.'i<i._SioriY.  J.;   Mass.',  1815.     JJcUumcy  \:  Goudyoar, 

II  t'ush.,  370.— MERRtr-K,  .L ;  Masa.,  1853. 


rATF.XT   LAWS.  IfJT 


ACT  or   1836,   CHAP.  357,   §§  13,  14.  IK  FORCE. 

6.  The  f^rant  of  an  amended  patent  is  conclusive  as  to  the  existence 
of  the  facts  necessary  for  n  reissue;  \iiiless  it  is  patent  tliere  is  h  clear 
excess  of  authority,  or  there  has  been  fraud.  Allen  v.  Blunt,  A  Stor}-, 
715.— SrORY,  J.;  Mass.,  184.5.  S.  C,  2  Wood.  &  Min ,  l.'.O.— WooD- 
UIRY.  J.;  Mass.,  1846.  ScUlin  v.  Taygart,  17  IIow.,  84. — McLeak,  J.; 
Sup.  Ct.,  18.j4. 

(d)  \.  Under  this  section  an  improvement  may  be  annexed  to  tho 
specification  of  the  original  patent,  so  as  to  mal\e  it  form  a  part  of  the 
original  patent;  but  there  is  nothing  tliat  forbids  an  inventor  taking 
out  a  new  patent  fur  tlie  improvement,  if  he  prefers  it.  O'Jieilly  v. 
Morse,  15  How.,  12-2.— Taney,  Ch.  J.;  Sup.  Ct.,  la53. 

2.  Nor  is  ho  bound  in  liis  new  patent  to  retcr  specially  to  his  former 
one.     Ibul.,  122. 

3.  Tlie  provision  of  this  section  authorizing:  additions  to  patents  for 
improvements,  is  now  repealed,  and  patents  of  additions  are  no  more 
granted.     Act  of  18GI,  §  9. 

Section  14.  And  b'  it  furf/irr  oiartrd,  That  whenever, 
in  any  action  for  damages  for  making,  using,  or  selling 
(a)  the  thing  whereof  the  exclusive  right  is  secured  by 
any  patent  heretofore  granted,  or  by  any  patent  wliich 
may  hereafter  be  granted,  a  verdict  sh:dl  be  rendered  f  >r 
the  plaintiff  in  such  action,  it  sliall  be  in  the  power  of  tlie 
court  to  render  judgment  for  any  sum  above  the  amount 
found  by  such  verdict  as  the  actual  damages  sustained  hy 
the  plaintiff,  not  exceeding  three  times  the  amount  there- 
of (ft),  according  to  tlie  circumstances  of  the  case,  with 
costs ;  and  such  damages  may  be  recovered  by  action  on 
the  case,  in  any  court  of  competent  jurisdiction,  to  be 
brought  in  the  name  or  names  of  the  person  or  persons 
interested,  whether  as  patentees,  assignees,  or  as  grantees 
of  the  exclusive  right  within  and  througlioiit  a  specitied 
part  of  the  United  States,  (c) 

(a)  Tho  sale,  under  execution,  of  the  materials  of  patented  articles  ia 
not  such  a  sale  as  mokes  tho  sherifT  liable  to  an  infriugemenL  Sauin 
V.  Gvilii  1  Gall.,  4S7.— SrOKY,  J.;  Mass.,  1813. 

(b)  1.  The  patent  act  of  IT'JO,  section  4,  made  the  infringer  liable  to 
pay  such  damages  as  tlie  jury  should  tind,  and  also  Ibrfeit  tlie  machine. 
The  act  of  1793,  section  5,  declared  that  au  infringer  should  p:iy  fi  sum 


188  PATENT  LAWS. 


IX  FOROB.         ACT  OF  1836,  CHAP.  367,  §  14. 


equal  to  three  times  the  price  for  which  tlie  patentee  had  sold  llecnfce. 
The  :.ct  of  If^OO  jiroviilfd  that  an  infiin}fer  fihoiiM  pisy  throo  times  ihe 
act»i:d  damap  s  sustained.  Sq/mour  v.  McComiick,  IG  How.,  488. — 
GuiEn,  J.;  .-up.  Ct.,  1S5:?. 

2.  This  .«eclii)n  eonliues  the  jury  to  the  actual  damapes  sustained  by 
the  patentee.  The  power  to  increase  tlicui  as  punitive  damages  is 
committed  to  the  discretion  and  judgment  of  the  cDurt.     Ibul.,  488. 

3.  Actual  dai'>age,%  nccordiiip  to  this  section,  are  the  amount  Used  by 
the  verdict.     SO-jih'-ns  v.  Fe%  2  Ulatclif.,  38.— Hetts,  J.;  N.  Y.,  ls4G. 

4.  But  s\ich  term  cannot  be  construed  to  mean  exeini)lary,  vindic- 
tive, or  punilorv  damages,  inflicted  bv  wav  of  smart  monev.  Stimp- 
son  V.  Jinilroadt,  1  Wall.,  Jr.,  16n.— GliiF.it.  J. ;  Pa.,  1847.  Buck  v. 
Hennancc.  1  lilatchf,  400.— Xeusox,  J.;  X.  Y.,  1849.  i'itta  v.  Z/h  i,  2 
Blatchf.,  238.— NKi..soy,  J.;   N.  Y.,  IS.'.l. 

5.  Daniapes  are  only  to  In?  compensatory  :  the  criterion  is  indemnity. 
rarhr  v.  IMme.  7  West.  I.ji\v  Jour.,  4'JS.— Kaxk.  J. ;   Pa.,  1840. 

C.  Damages  cannot  include  counsel  fc,  in  addition  to  the  taxaldo 
costs.  Sttiupson  v.  linilnads,  1  Wall.,  Jr.,  IfiG,  IC.:). — (iliiER.  J.;  Pa., 
1.S.J7.  Bland,.  Gun-SUck  Fac.  v.  Wanur,  1  Blatchf.,  272.— XEl.fiON,  J.; 
Ct..  184G.  Varhcr  v.  llui.nc.  1  West.  Law  Jour.,  129. — Kane,  J.;  Pa., 
1849.     Toesi'  v.  Iluntiwjton,  2.'!  How.,  8. — Clikfuki>,  J.;  Sup.  Ct.,  18;'>9. 

7.  It  rests  with  the  discretion  of  the  court  whether  the  damnpos 
phall  be  trebled.  Previous  to  1S3G,  the  court  wiis  ctmipelled  to  treble 
them.  Guyon  v.  SrrrtU,  1  Blatchf..  215.— Nei^ox,  J.;  N.  Y.,  1847. 
Slivipirm  v.  li.iilruadi,  1  Wall.,  Jr.,  IGG. — Guirn,  J.;   Pa.,  1S47. 

8.  The  court  may  increase  the  damapes  thouph  the  jtlaintifr  is  not 
entitled  to  costs,  for  neplcct  of  tiling  a  discLiimer,  a.s  required  by  sec- 
tion 9  of  the  act  of  1837.  Guyon  v.  Serrell,  1  BUktchf.,  246.— Nelsox, 
J.;  N.  Y.,  1K17. 

9.  The  object  of  this  section,  as  to  treblinp  damages,  is  to  remune- 
rate patentees,  who  were  comiK-lled  to  sustain  their  patents  apainst 
wanton  and  persistent  infrinpi-'r.s.  Scyii,our  v.  McCormifk,  IG  Mow., 
4H8. — liRiKii,  J.  i  .Sup.  Ct.,  18  J3  Bell  V.  McCuUoch,  MS.— LEAVirr,  J. ; 
Ohio,  1h:>.4. 

S<-«  also  I)i(;E.sr  Pat.  ('ahe.h,  titlos  Dauaors;    Inkuixoemknt. 

(f)  I.  The  word  "aHsipm-es  '  in  this  Hectit)n,  is  to  Imj  e<jnstrued  by 
rcfercuoo  to  section  1 1,  of  the  same  act,  as  nuaninp  the  assignees  of  a 
whole  int<'rest,  or  an  un<livided  one,  or  an  exclusive  hx-al  right. 
Blunrhard  Y.  E dmlje,  1  Wall.,  Jr.,  .MO. — Gkiek,  J.;  Pa.,  1849.  i:uy 
dam  v    Itfj,  2  lllat.hr,  23.— Nkijjon,  Betth,  JJ.;   N.  Y.,  ISIG. 

2.  T  I  tnable  an  aiisignoo  to  sue  in  his  own  name,  he  must  have  the 
oxclusivo  riiflil,  or  ••ntirc,  or  un<|'ialili<'d  monopoly,  which  the  palenieo 
hud,  oxrluding  the  patonleo  liiuiself  as  well  as  others.  Gaijlcr  v.  Wtl- 
de  ,  10  IIoA-..  49.:.— Tanev,  Ch.  J. ;  Sup.  Ct,  1H60. 

3.  The  uHHipntt'H  of  an  exclusive  right  in  a  patent,  are  the  proper 
p<n(oni  t  •  maintain  an  action  for  a  violation  of  it.  Waahburn  v.  Gould, 
a  Story,  131,  107. — Stoby,  J.  ;  Mass.,  1846. 


rATEXT   LAWS.  139 

ACT  OF    1336,    CHAP.   337,    §§  14,  15.  IN   FOUOE. 

4.  The  granfoo  of  an  exc-lusivo  right  under  a  patent,  even  though 
such  ri;ilit  is  limitL'd  to  a  jiarlioular  nurnl)or  of  niacliincs,  may  niaiiiia-n 
an  aclioa  for  iiifringomenl.  Wihon  v.  Jios-eau,  4  IJow.,  080,  08,>. — 
Nelso.v.  J.;  Slip.  Ct.,  1845. 

5.  Under  this  section,  in  connection  with  section  11,  an  action  is 
given  only  to  such  parly — composed  of  ono  or  more  persons — as  pos- 
sesses tlie  whole  interest  in  tiie  patent.  SuyJam  v.  I>itij,  2  Blatchf., 
23.— Nklson.  Bepts.  JJ.;  N.  Y.,  184(;. 

G.  Where  a  jiarty  has  an  interest  in  only  a  part  of  a  patent,  as  a 
license  to  use  the  invention,  he  cannot  maintain  an  action  for  an  in- 
fringement.    Ibid.,  23. 

7.  Under  this  section,  an  action  is  properly  brought  in  the  name  of  a 
patentee,  in  behalf  of  a  licensee  who  is  damaged  by  an  infringement. 
Goodyear  v.  McBuniey,  3  Blatchf.,  33. — Nelso.n,  J.;  N.  Y.,  Is53. 

Section  15.  [Enlarged  by  act  of  1837,  §  9;  and  by- 
act  of  1839,  §  v.]  A/id  be  it  further  enacted,  That  the 
defeudant  in  any  such  action  shall  be  permitted  to  plead 
the  general  issue,  and  to  give  this  act  and  any  special 
matter  in  evidence  («),  of  which  notice  in  writing  may 
have  been  given  to  the  plaintiff  or  his  attorney,  thirty 
days  before  trial  (A),  tending  to  prove  that  the  descrip- 
tion and  specification  liled  by  the  plaintiff  does  not  con- 
tain the  whole  truth  relative  to  his  invention  or  discovery, 
or  that  it  contains  more  than  is  necessary  to  produce 
the  described  effect ;  which  concealment  or  addition  shall 
fully  appear  to  have  been  made  for  tiie  purpose  of  de- 
ceiving the  public  (c),  or  that  the  patentee  was  not  the 
ori>'inal  and  tirst  inventor  or  discoverer  of  the  thinej 
patented,  or  of  a  substantial  and  material  part  thereof 
claimed  as  new  (f?),  or  that  it  had  been  described  in  some 
public  work  anterior  to  the  supposed  discovery  thereof 
by  the  patentee  (e),  or  had  been  in  public  use  or  on  sale 
with  the  consent  and  allowance  of  the  patentee  before 
his  application  for  a  patent  (/"),  or  that  he  had  surrepti- 
tiously or  unjustly  obtained  tlie  patent  for  that  which 
was  iu  fact  invented  or  discovered  by  another,  who  was 


140  PATENT  LAWS. 


ACT  or  1836,  CHAP.  357,  §  15. 


using  reasonable  diligence  in  adapting  and  perfecting  the 
same  (//) ;  or  that  tlie  patentee,  if  an  alien  at  the  time  the 
patent  was.  granted,  had  failed  and  neglectetl  for  the 
space  of  eighteen  months  from  the  date  of  the  patent,  to 
put  and  contiinie  on  sale  to  the  ])ublie,  on  reasonable 
tenn.s,  the  invention  or  discovery  for  which  the  ])atent 
issued  (A);  in  either  of  which  rases  judgment  sliall  be 
rendered  for  the  defemlant  -with  costs.  And  whenever 
the  (Icfemlant  relies  in  his  defence  on  the  fact  of  a  pre- 
Tious  invention,  knowledge,  or  use  of  the  thing  patented, 
he  shall  state,  in  his  notice  of  special  matter  the  names 
and  places  of  residence  of  those  whom  he  intends  to 
prove  to  have  possessed  a  prior  knowledge  of  the  thing, 
and  where  the  same  had  been  used  (/) :  Proriiled^  /luic- 
tvcr,  That  whenever  it  shall  satisfactorily  appear  that  the 
pati-ntee,  at  the  time  of  making  his  application  for  the 
I)atent,  believed  hiujsclf  to  be  the  tirst  inventor  or  dis- 
coverer of  the  thing  patented,  the  same  shall  not  be  held 
to  be  void  on  account  of  the  invention  or  discovery  or 
any  |)art  thereof  having  been  before  known  or  used  in 
any  foreign  country,  it  not  appearing  that  tiic  same  or 
any  substantial  part  thereof  had  bifore  been  patented  or 
describt-d  in  any  printnl  publication.  (./')  And  pmriilnl^ 
aUoy  That  whi-never  the  plaintiff  shall  fail  to  sustain  his 
action  «jn  the  grouinl  that  in  his  specification  of  claim  is 
embracr.l  more  than  that  of  which  he  was  the  first  in- 
ventor, if  it  shall  appear  that  the  defen<lant  had  used  or 
violated  any  part  of  the  invention  justly  and  truly  speci- 
fied and  clainii'tl  as  new,  it  shall  be  in  the  power  of  the 
court,  to  adju  Igi*  and  .iwaid  as  to  costs  as  may  appear  to 
be  just  and  ctpiitabie.  (A) 

(a)  1.  Tlie  right  Uj  pluod  ihu  gcncrul  issvio  and  givo  notice,  in  an  en* 


PATENT  LAWS.  141 


ACT  or  183G,  CUAP.  357,  §  15. 


largemcnt  of  the  defendant's  mode  of  defence,  but  docs  not  take  nway 
his  riirlit  to  jilcad  .specially.  PhUlips  v.  Coinbstock,  4  McLean,  6J5. — 
McLea.v,  J.;   lud.,  l.siu. 

l!.  Tlic  defendant  need  n(>t  plead  tlie  poneral  is.siie,  and  give  notice 
of  tiie  special  matter.  He  nuiy  plead  s|iccially.  and  tlien  llie  j)lea  is 
the  only  notice.  Evam  v.  Eaton,  3  AVlicat.,  504. — Mah.shai.l.  Ch.  J.; 
Sup.  Cl.,  181. S.  Crrant  v.  Raymond,  U  Pet.,  217. — Marshall,  Cli.  J. ; 
Sup.  Ct.,  I8:{2.  Phillips  V.  CoinbslocJc,  4  Mclxjan,  525. — McLean.  J.: 
lud.,  1 8 19.  Smith  v.  Eli/.  1 5  How.,  141.— Taxky,  Ch.  J. ;  Sup.  Ct.,  1H5.J. 
Diiy  V.  ^V.  E.  Cur-Sprinj  Co.,  4  Blatehf.,  181.— Betts,  J.;  N.  Y.,  1854. 

3.  But  wl  ere  notice  of  .special  matter  is  given  under  the  general 
issue,  special  pleas  containing  the  same  matters  cannot  be  filed.  TV7/- 
der  \.  Gaykr.  1  Blatehf.,  5'j7. — Nelsu.v,  J.;  N.  Y.,  1S50.  Brunswick  v. 
Holzalh,  MS.— Leavitt,  J.;   Ohio,  1858. 

(6)  1.  No  order  of  court  is  necessary  to  entitle  a  defendant  to  file  and 
serve  notice  of  special  matter.  It  is  only  necessary  that  it  be  in  wri- 
ting and  be  served  thirty  days  before  the  trial.  Ttese  v.  Huntington,  23 
How.,  10. — Cliffopu>,  J.;  »Sup.  Ct.,  1859. 

2.  if  a  l.rst  notice  is  defective  or  not  sufficiently  comprehensive, 
other  notices  may  be  given  to  remedy  the  defect  or  supply  the  de- 
ficiency.    Jfjid.,  10. 

3.  Under  such  notice,  depositions  taken  before  it  was  served,  as  well 
aa  those  taken  afterwards,  are  adniis-sible.     Jbid.,  10. 

4.  Notices  may  be  served  in  term  time,  but  must  be  thirty  days  be- 
fore trial.     Latta  v.  Shauk,  M.S.— Leavitt,  J.;  Ohio,  1850. 

5.  !>ueh  notices  cannot,  however,  be  filed  and  served  in  suits  la 
equity.     JJouyhty  v.  Vl'wY,  MS. — Nelson,  Suii'MA.v,  JJ.  ;  N.  Y.,  1865. 

(c)  1.  It  is  a  question  fur  the  jury  whether  the  si^citication  contains 
the  whole  truth  relative  to  the  discovery ;  and,  if  not,  whether  it  has 
been  concciled  with  a  view  to  deceive.  lieuUjen  v.  Kanowrs,  1  Wash., 
171.— Wasuixgto.v,  J. ;  Pa.,  1804. 

2.  A  defect  or  concealment  is  not  fatal,  unless  made  with  an  inten- 
tion to  deceive.  Whiitemorev.  Cuitt-r,  1  Gall.,  437. — Stoky,  J.;  Mass., 
1813.  Gray  y.  James,  Pet.  C.  C,  409. — Wasuingtox.  J.;  Pa.,  1817. 
LoukU  v.  Lenis,  1  Mass.,  188,  189. — STORY,  J.;   Mass.,  1817. 

3.  The  question  as  to  the  materiality  of  the  thing  concealed  is,  could 
an  artist,  after  the  e-xjuration  of  the  patent,  construct  a  machine  by 
looking  at  the  spccilication.  RtuUjtn  v.  Kanours,  1  Wash.,  171.— 
■Wasuixgtox,  J. ;  Pa.,  1804. 

((/)  1.  The  defence  "that  the  patentee  was  not  the  original  and  first 
inventor  or  di.scoverer  of  the  thing  patented,"  is  complete  Vithout 
showing  that  the  first  inventor  had  put  hi.s  invention  in  practice. 
midnath  v.  Uvath,  MS.  (.Vpp.  Ca.><.) — Craxcii,  Ch.  J. ;  D.  C.  1S41. 

2.  No  person  who  is  not  at  once  the  first  and  original  inventor,  is 
entitled  to  a  patent.  A  subsequent  inventor,  though  an  original  one,  is 
not.     Reedy.  Cutter,  1  Story,  59tl.— SroitY.  J.;  Mas.s.,  1841. 

See  also  Digest  Pat.  Cases,  title  Lsvextor,  B. 


142  PATENT  LAWS. 


ACT  or  1836,  CHAP.  357,  §  15. 


(f)  1.  Tlio  description  in  a  public  work  must  bo  sudlcicntly  full  and 
precise  to  enable  a  mfdmnic  to  construct  the  inacliine,  and  must  bo  in 
all  material  rosi>ects  like  that  covered  by  the  plaintifl's  patent.  Par- 
ker V.  StUes,  5  McLean,  Gl.— McLeaS.  J. :  Ohio.  1.S49. 

•J.  The  publication  may  be  proved  as  to  its  coutent.s,  and  the  fact  of 
publicitiou  by  the  production  of  the  book,  or  by  parol  testimony.  Alien 
V.  Hunter,  6  McLean,  31 1.— McLkan,  J.;  Ohio,  185'.. 

3.  The  publication  m\\<  have  been  prior  to  the  tinx''  of  invention.  It 
is  not  suftjcient  that  it  was  prior  to  the  time  of  application  for  a  patent. 
Bartholomew  v.  Sawyer,  MS — IsoEiisoLi.,  J.;  N.  Y.,  1859.  AUm  v. 
Hunter,  6  McLean,  311.— McLean.  J.;  Ohio.  1855. 

4.  To  render  admissible  in  evidence  a  printed  publication  it  is  not 
necessary  to  make  proof  of  the  date  of  its  publication.  A  book  pur- 
poriiti^f  on  its  title-papc  to  be  pulilished  in  a  certain  year  will  l>e  ro- 
ceived  without  proof  that  it  was  then  published.  JwLion  v.  C'o/x*,  MS. — 
Leavitt,  J.;  Ohio,  1800. 

5.  A  book  of  j)lates  without  any  letter-pre.es  cannot  bo  admitted  in 
evidence.     Semble,  that  it  is  not  a  "printe<l  publication."     lOiiL 

6.  Where  reference  is  made  to  a  public  work,  it  shouhl  be  to  the 
particular  part  of  the  work  intended  to  be  relied  n|MMi.  A  reference 
merely  to  the  title  of  tlie  work  is  not  sufficient.  Fnole  v.  Silsby,  1 
Bbtolif.,  4.'. 4,  402.— ("OXKI.INO,  NKL.SO.V,  JJ.;  X.  Y.,  1849.  Stlnby  V. 
J-'oote,  IJ  How.,  222— Ci  UTl.s.  J.;  Sup.  Ct.,  18.')2. 

See  also  DiuEST  Pat.  Case.><.  title  Pcni.ic  Work. 

(/)  1.  The  public  use  or  sale,  to  defeat  the  inventor  of  a  right  to  a 
patent,  muKt  l)e  a  public  use  or  sale  by  others  with  his  knowledge  aud 
consent  before  his  application  for  a  patent,  h'jan  v.  Goodwin,  3  Sumn., 
.'.18.— .Stouy,  J. ;  Mass.,  18::;).  ^'i/rth  v.  Stone,  1  Story,  281.— vStort, 
.1.;  Ma.^.s.,  1«40.  Gayler  v.  WiUlr-r,  lu  How.,  4".«;,  4;)S.— Taxev,  Ch.  J. ; 
Sui>.  Ct..  1850.  PiUi  V.  IJcUl,  2  lilatehf.  235,  2:iO.— Xei.sox,  J.;  N.  Y., 
18.J1.     Hunt  V.  I/owe,  MS.  (.\pp.  <"as.)— M«ui.sell,  J.;  1).  C,  1855. 

2.  \  use  without  the  iiivenior's  knowlod^t)  ^r  consent,  or  experi- 
mental to  ascertain  its  value,  utility,  or  succcsh,  or  a  use  inlermodiato 
tlto  aiiplicnliou  ami  grant,  will  not  bo  Bulllcient.  Jiynn  v.  Goodwin,  3 
Sumn.,  518.— Stouy,  J.;  Masn..  18.(9.  Wyrth  v.  St-nr,  1  Story,  281. — 
Stouy,  J.;  Mass.,  1840.  J'irrfon  v.  F.nijU  Screw  Co.,  3  Story,  407. — 
SroBY.  J.;  U.  I..  184 1.  Winana  v.  S.  Y.  d-  II ir.  li.  li.,  31  'jour.  Fr. 
lM^t..  ::d  Sor,  322.— .Vei.Sov,  .1.  ;   N.  Y..  18.'.5. 

:t.  n  1...  r,  .i,i  lo  uMo  and  sell  iin  invention  for  two  yearn  proTions  to 
;hp  n)  '  now  conferred  by  act  of  1H39.  hocliim  7. 

Se.  -r  I'AT.  Cahks,  titles  .\ii.\MKj\iiENT.  ,\.;  Pt'liMC  USR. 

(y)  1.  An  inventor  who  hart  (Irst  ncHially  perfeetrd  his  invontiim  will 
not  b«<  doomtnl  ifj  hiivo  Hurreptitiously  or  unjtiHily  obUiined  a  patent  for 
th  it  V  '  inventofl  by  unother,  uti'oBS  tho  latter  WM 
„t  tl  .  le-o  in  adapting  and  perfecting  his  inven- 
tion.    ...-.i  ••  ^ 1  •  •  'V,  599. — Stouy,  J.;  Mjuim.,  1841. 

2.  But  t!iO  Qrnt  iavont<jr  has  tho  prior  right  if  bo  is  using  due  dili- 


PATENT  LAWS.  148 


ACT  OF  183G,  CHAP.  357,  g  15. 


gence,  even  though  another  may  have  first  perfected  the  invention. 
J  bid.,  600. 

H.  Tlic  clause  using  "  rcasonaljlo  dilipetico  in  adapting  and  perfeot- 
ing"  an  invention  is  apjilicabli.'  only  to  the  case  of  a  defence  tliat  tho 
phiintitV's  ])atfnt  had  been  snrreptilit)\isly  or  unjustly  obtaine<l ;  and  if 
pleaded,  it  may  be  necessary  for  the  defendant  to  aliow,  in  order  to 
vacate  the  patent,  tliat  he  was  usinir  due  diligonco  when  the  patent 
was  obtained.  Pernj  v.  Cornell,  MS.  (App.  Cas.) — Craxcii,  Ch.  J.; 
D.  C,  1847. 

4.  The  words  "  unless  such  person  was  using  reasonable  diligenco 
in  adapting  and  porfi-cting  tho  same,"  constitute  a  <]ualification  of  tlie 
preceding  language  of  the  section,  so  that  an  inventor  who  lias  actu- 
ally perfected  his  invention  will  not  be  deemed  to  have  surreptitiously 
or  unjustly  obtained  a  patent  for  that  wliicli  was  in  fact  invenUxl  by 
another,  uth^s  the  latter  was  at  the  time  nsing  reasonable  diU(jtnce  in 
adapiing  and  perfecting  the  same.  Marshall  v.  Mee,  MS.  (App.  Cas.) — 
Dc.NLOP,  J.;  D.  C,  1853. 

5.  The  defence  tliat  tiie  patentee  had  "surreptitiously  and  unjustly 
obtained  a  patent  for  that  which  was  in  fact  invented  or  discovered  by 
another,  who  was  using  reasonable  diligence  in  perfecting  and  adapt- 
ing tile  same,"  does  not  necessarily  imply  liad  faith  on  the  part  of  the 
patentee  against  whose  patent  this  defence  is  set  up.  The  words 
were  intended  to  be  used,  and  are  used,  in  their  broadest  sense. 
Plidps,  Dodge  <fc  Co.,  v.  Broun  Bros.,  18  llow.  Pr. — Nelsox,  J. ;  N.  Y., 
1S59. 

6.  If  a  person  does  not  use  due  diligence  in  perfecting  bis  invention 
after  he  has  conceived  the  idea,  and  another  conceives  the  idea  and 
perfects  it,  and  applies  it  to  use,  the  latter  will  ije  considered  the  tirst 
inventor,  and  a  patent  granted  the  former  will  bo  void.  Ransom  v. 
Mayor,  <tc.,  or  New  Yorlc,  MS. — Halt.,  J.;  N.  Y..  185G. 

(h)  1.  An  alien  patentee  must  put  and  continue  on  sale  his  invention 
witiiin  eighteen  months  from  the  date  of  his  patent.  IlildreaOi  v. 
Jltath,  MS.  (App.  Cas.)— Cranch,  Ch.  J.-  D.  C,  1811. 

2.  The  assignees  of  an  alien  patentee  take  their  patent  with  all  tho 
privileges  of  American  citizens.  The  alien  clause  in  this  section  does 
not  apply  to  such  assignees.  Tatliam  v.  Loivbtr,  2  Blatchf.,  60,  51. — 
Nelso.v,  J.;  X.  Y.,  184 7. 

3.  But  it  is  not  necessary  tliat  an  alien  patentee,  or  his  assignee, 
should  take  active  measures  for  putting  his  patented  invention  in  tho 
market,  and  forcing  a  sale,  but  only  that  he  should  at  all  times  bo 
ready  to  sell  at  a  fair  price  when  a  reasonable  offer  is  made.  J  bid.,  51. 
Tatham  v.  Le  Roy,  MS. — Xklson.  J.;  X.  Y.,  1849. 

(il  I.  The  provision  in  this  section,  requiring  notice  of  prior  knowl- 
edge and  use,  was  intended  to  guard  against  surprise  from  such  evi- 
dence  as  was  given  in  Whitney's  case.  Though  his  invention  was  ona 
of  undoubted  originality,  two  persons  were  broui:ht  forward,  one  of 
whom  testilied  that  he  had  seen  such  an  invention  in  England  sevi'ii- 


144  PATENT   LAWS. 


ACT  or  1836,  CHAP.  357,  §  16. 


teen  rears  before,  and  the  other  that  he  had  seen  one  in  Ireland. 
Watdn  V.  Halroads.  1  Wall..  Jr..  105.— Ghifr.  .1.;   Pa.,  1R47. 

2.  The  provision  of  the  statnto  requirimr  notice  of  the  previous  use, 
is  ilosiiined  to  pivo  the  patentee  the  beiieQt  of  cxaiiiining  into  the  facta 
of  the  Piipposed  prior  use.  Coleman  v.  Li^for,  MS. — Leavitt,  J. ; 
Ohio,  1S5;». 

3.  This  .section  requires  only  the  names  and  residence.'*  of  the  per- 
sons who  possessed  the  prior  knowledge,  and  of  the  places  whore  the 
invention  lidB  been  used.  The  names  and  re.'^idenccs  of  tho  witnesses 
need  not  l>e  piven.  Wilton  v.  Jiuilroads.  1  'Wall.,  Jr.,  105. — GiilEn,  J.; 
Pa.,  1847.  Many  v.  dagger,  1  Blalehf.,  370.— Nelsok,  J.;  N.  Y., 
1848. 

4.  Notice  of  the  time  of  the  prior  knowledge  or  use  is  not  required. 
PhiUips  V.  Page,  24  How.,  IGS.— Xei-.son,  J.;  Sup.  Ct.,  18G0. 

6.  In  tlie  seventh  circuit,  tiio  notice  must  specify  the  street  or  fac- 
tor}' whore  the  prior  stnicture  was  U8e<l,  or  the  name  of  tho  person  or 
owner  \i8inp  it.  The  name  of  the  city,  or  town,  or  county,  is  not 
BufBciently  d<'finito  as  to  jilace.  iMttn  v.  Shawk.  MS. — I.e.wiit,  J.; 
Ohio,  185U.      Cvleman  v.  Li^mr,  MS. — Lkavitt,  J.;  Ohio,  IH.'iO. 

6.  And  also,  the  name  of  the  person  by  wliom  tho  j)rior  knowledge 
is  to  be  proved.     Judson  v.  Cop^  MS.— Leavitt,  J.;  Ohio,  1800. 

See  al.*o  Dkjest  Pat.  Case.s.  title  (Ikxeual  Is.sue,  B. 

{j)  1.  The  provision  of  section  7  and  of  this  section  introdnoed  nn 
im|)ortaut  moditlcution  into  the  laws  of  patents,  designed  to  protect  tho 
AiHcric.'ui  inventor  against  the  inju.stii-v  of  being  thrown  out  of  tho 
fruits  of  his  in(;eDuity  l)y  the  existence  of  n  .secret  invention  or  discov- 
ery abroad,  that  i.s  a  discovery  not  patented,  ntul  not  described  in  any 
printed  publication.     Anon.,  5  Opin.,  21. — Toli'EY,  Atty.-tien.,  1848. 

2.  Tlie  only  exception  to  the  rule  that  a  patentee  must  be  tho  origlu&l 
and  first  inventor,  exists  in  the  case  of  u  party  obtaining  a  patent, 
believing  himself  to  bo  tho  original  inventor,  and  his  invention  is  shown 
to  have  been  known  in  a  foreign  country,  but  not  patented  there,  or 
doHcribed  in  a  printed  )iublication.  I'arkrr  v.  Stilfs,  5  McL<<an,  01.^ 
McLkas.  J.;  Ohio,  iMl'.i. 

3.  In  dr-termining  whether  the  j>at<ntoo  Mievnl  himself  to  l>o  tho 
first  inventor,  the  delendant  may  give  evi<lenco  that  the  patentee 
knew  of  the  existetx-e  of  tii<<  thi'ig  aliroad;  ami  in  considerinij  the  fact 
whether  be  ho  Mirvrti  himself  to  bo  tho  first  inventor,  it  is  material  to 
determine  whether  ho  was  in  fact  tho  original  inventor.  Fcrbush  v. 
Cook,  in  Mo  Law  llep.,  (jr.t. — Ciims.  .F.;   Mass.,  18.'>7. 

4.  A  I  rior  use  of  a  thin;.'  in  n  for«'iK'n  country  will  not  invalidate  ft 
patent  »ubwfju<'ntly  taken  out  here,  where  the  inventor  lulieved  him- 
wlf  to  Ix'  l!io  first  inventor,  unlcNs  the  prior  invention  had  been  pat- 
ented, or  deocribed  in  some  printed  publicatiou.  Q'leman  v.  Liemrr, 
M.S.— LEAVirr.  J.;  Ohii>,  I8u9. 

6.  KvideniH-  cjinnot  b«'  re<x'ived  of  an  actual  use  and  knowledge  of 
■n  invention  In  a  foreign  country,  prior  to  the  time  of  tho  invention 


PATENT  LAWS.  145 


ACT  OF  1836,  CHAP.  357,  §§  15,  16.  is  roncE. 

hero,  hut  the  defendants  must  ho  confined  to  the  description  of  the 
iuvcnlioD  as  found  in  printed  publications  or  patents;  tliey  cannot  go 
beyond  sui'h  ])ubrn'ations  or  palcuta.  Jud-on  v.  Cope,  MS. — Leavitt, 
J.;   Ohio,  18C0. 

6.  The  time  referred  to  in  this  sectioD  by  the  terms  "having  been 
before  known  and  used  in  any  foreign  country,"  or  "had  been  patented 
or  described  in  any  printed  publication,"  is  the  time  when  the  original 
discovery  or  invention  of  a  patentee  was  made,  and  not  the  time  when 
he  presented  liis  ap|ilicatioa  ff>r  a  patent.  Bartholomew  v.  Sawyrr, 
MS.— IXUEHSOLI.,  J.;  N.  Y.,  1859. 

7.  A  foreign  patent,  in  order  to  defeat  an  American  patent  for  the 
same  invention,  must  have  been  before  the  discovery  or  invention 
here;  it  is  not  sufficient  that  it  is  before  the  application.  Howe  v. 
Morton,  M.S.— Spragle,  J.;  Mass.,  18G0. 

8.  An  invention  is  not  "patented"  in  England  within  the  meaning 
of  this  section,  until  the  complete  specification  has  been  enrolled — until 
the  invention  shall  have  been  made  patent  to  the  world,  which  is 
usually  six  montiis  after  tlie  date  of  the  patent.     IbtJ. 

(k)  The  second  proviso  of  this  section  virtually  superseded  by  the 
act  of  1837,  section  9. 

Section  16.  [Enlarged  by  act  of  1839,  §  10.]  And  be 
it  further  enacted,  That  whenever  there  shall  be  two  in- 
terfering patents,  or  whenever  a  patent  on  application 
shall  have  been  refused  on  an  adverse  decision  of  a  board 
of  examiners  (a),  on  the  ground  that  the  patent  applied 
for  would  interfere  with  an  unexpired  patent  previously 
granted,  any  person  interested  in  any  such  patent,  either 
by  assignment  or  otherwise  (ft),  in  the  one  case,  and  any 
such  applicant  in  the  other  case,  may  have  remedy  by 
bill  in  equity;  and  the  court  having  cognizance  thereof, 
on  notice  to  adverse  parties,  and  other  due  proceedings 
had,  may  adjudge  and  declare  either  the  patents  void  in 
the  whole  or  in  part,  or  inoperative  or  invalid  in  any  par- 
ticular part  or  portion  of  the  United  States,  according  to 
the  interest  which  tlie  parties  to  such  suit  may  possess  in 
the  patent  or  the  inventions  patented,  and  may  also 
adjudge  that  such  applicant  is  entitled,  according  to  the 
principles  and  provisions  of  this  act,  to  have  and  receive 
7 


14fl  PATENT   LAWS. 


ACT  or  1836,  CIIAP.  367,  §  IG. 


a  patent  for  his  invention,  as  specified  in  his  claim,  or  for 
any  part  thereof,  as  the  fact  of  priority  of  right  or  inven- 
tion .«-lialI  in  any  sucli  case  be  made  to  appear.  (<•)  And 
siuli  adjudicalion,  if  it  be  in  fivor  of  the  right  of  such 
applicant,  shall  authorize  the  Commissioner  to  issue  such 
]>atent,  on  liis  tilin<;  a  cojiy  of  the  adjudication,  and  other- 
■\vise  comi»lying  witli  the  requisitions  of  this  act.  Pro- 
viJi.d,  /loircvcr,  That  no  such  judgment  or  adjudication 
sliali  affect  the  riglits  of  any  person  except  the  parties  to 
tlie  action  and  those  deriving  title  from  or  under  them 
subsequent  to  the  rendition  of  such  judgment. 

(a)  Of  the  justices  of  tlic  Supreme  Court  of  the  District  of  Columbia, 
nppeals  now  lying  to  them  untler  section  3  of  the  act  of  18C3,  estjib- 
lishing  that  court.  Previous  to  tiiat  act  ft[>peals  lay,  by  Uio  act  of 
1839,  section  11,  to  the  chief-justice,  ami,  by  the  act  of  1852,  section  1, 
to  the  assistant  justices  of  the  Circuit  Court  of  the  District  of  Columbia. 

(b)  The  provisions  of  this  section  are  now  extcnilod  "to  all  cases 
where  patents  are  refused  for  any  reason  whatever."  Act  of  1839, 
Ecction  10. 

(c)  1.  Proceedings,  under  this  section  and  eoction  10  of  the  act  of 
1831),  in  equity,  against  the  Commissioner  of  Patents,  to  compel  hira 
to  if^suo  a  patent,  must  In?  commenced  in  the  Circuit  Court  of  the 
Uniteii  ."-'tales  for  the  In.strict  of  Columbia,  and  the  I'ircuit  Courts  ia 
llio  various  Slates  have  no  jurisdiction.  Prtntiaa  v.  EU-yworth,  Via. 
I'ut.  Off.,  35,  3i;.— Randai.i.,  J.;   Pa.,  18-16. 

2.  r|>on  a  bill  JUod  under  this  section  and  section  10  of  the  net  of 
1839,  to  declare  a  i)atent  granted  by  the  Commissioner  invalid  or  inop- 
erative, the  hearing  in  altogrlher  indejiendent  of  that  before  the  Com- 
niisHioner,  and  takes  jjhice  ujion  such  testimony  as  the  parties  may  see 
111  to  iirf><luce,  agroably  to  liie  rules  and  practice  of  a  court  f)f  equity. 
The  evidence  l>cfore  the  Conunis-tioner  is  not  evitlenco  in  such  a  suit 
except  by  connont  of  parties  ;  nor  are  the  parti»«»  restricted  to  the  tes- 
timony used  before  the  CommisHioncr.  Kither  parly  is  at  liberty  to 
iulroduoo  ad<litional  evidence.  Atkinson  v.  Boanlntan,  M.S. — Neusox, 
J.;   N.  Y,  1851. 

3.  The  assignee  of  an  invenlion.  by  virtue  of  nn  oasignment  made 
Ix'forf  pnUnt  1?  sued,  may  llle  a  bill  in  his  own  name  under  this  H'-ction 
.'.hd  •'irtion  10  of  the  act  of  18:19.  agaiimt  a  patentee  U)  whom  a  p:itent 
istixd  on  Iho  rej«H-tion  of  his  assijrtior's  ajiplicaiion,  for  the  piirjioso  of 
iitinullin^  tlx'  pntont  so  issucfl,  and  having  one  griinU'd  to  him  as  as* 
BigDc«.     And  audi  assiguuieut  need  not  bavo  been  recorded  before 


PATENT  LAWS.  147 


ACT  OF   1836,   CHAP.   357,   §17.  IN   FORCE. 

Bult  brought :  it  will  bo  siifTicient  if  it  is  recorded  at  any  time  before 
the  issuiii}!:  of  the  patent.  Gay  v.  Cornell,  1  Blalchf,  r>U'J,  510. — Nel- 
80.V,  J.;  N.  Y.,  18 to. 

4.  The  Circuit  Courts  of  the  United  States  have  exclusive  jurisdic- 
tion under  this  section.  Gibson  v.  Woodivorth,  8  Paige,  134. — Wal- 
worth, Chan.;  N.  Y.,  1840. 

Section  17.  [Enlarged  by  act  of  1861,  chap.  37.]  And 
heit  furtlwr  oiactcd,  That  all  actions,  suit.s,  controversies, 
and  cases  arising  under  any  law  of  the  United  States, 
granting  or  confirming  to  inventors  the  exclusive  right  to 
their  inventions  or  discoveries,  shall  be  originally  cog- 
nizable, as  well  in  equity  as  at  law,  by  the  Circuit  Courts 
of  the  United  States,  or  any  District  Court  having  the 
power  and  jurisdiction  of  a  Circuit  Court;  which  courts 
shall  have  power,  upon  a  bill  in  equity  filed  by  any  party 
aggrieved,  in  any  such  case,  to  grant  injunctions,  accord- 
ing to  the  course  and  principles  of  courts  of  equity,  to 
prevent  the  violation  of  the  rights  of  any  inventor  as 
secured  to  him  by  any  law  of  the  United  States,  on  such 
terras  and  conditions  as  said  courts  may  deem  reason- 
able (rt)  :  Provided,  hoicever,  That  from  all  judgments 
and  decrees  from  any  such  court  rendered  in  the  premises, 
a  writ  of  error  or  appeal,  as  the  case  may  require,  shall  lie 
to  the  Supreme  Court  of  the  United  States,  in  the  same 
manner  and  under  the  same  circumstances  as  is  now  pro- 
vided by  law  in  other  judgments  and  decrees  of  Circuit 
Courts,  and  in  all  other  cases  in  which  the  court  shall 
deem  it  reasonable  to  allow  the  same,  (h) 

(o)  1.  Under  this  section  the  Circuit  Courts  of  the  Unit«d  States 
have  not  only  original,  but  exclusive  cognizance  of  all  actions  arising 
under  the  patent  laws.  Dudlei/ y.  Mayheic,  3  Comst.,  14. — Strong,  J.; 
N.  Y.,  184!).  Elmer  v.  Fetmel,  40  Maine,  434.— Rice.  J.;  Me.,  1856. 
Parsons  V.  Barnard,  1  John.,  144. — Ciriam;  N.  Y.,  1810. 

2.  The  jurisdiction  conferred  upon  the  Circuit  Courts  by  this  section 
ifi  the  same  in  its  nature  and  extent  as  the  equitj  jurisdiction  in  Eng- 


148  PATENT   LAWS. 


Sr  rOBCE.  ACT  OP  1836,  OHAP.  357,  §  17. 

land,  from  w  hich  it  is  derived.     Allen  v.  Blunt,  1  Blatchf.,  4S6. — Nel- 
BOX,  J.;   N.  Y.,  1819. 

3.  Under  this  section  the  Circuit  Courts  have  jurisdiction  irresiwctive 
of  the  riglit  of  tlio  jilaintifT  to  an  injunction  or  a  demand  for  one.  Kevins 
V.  Johnson,  3  Blatchf.,  83.— Nelson,  Bktts,  JJ.;  N.  Y.,  18;>3. 

4.  The  natural  interpretation  of  the  lanpuago  of  this  section  seems 
to  be,  that  Conpress  has  betowed  upon  this  court  a  common  jurisdic- 
tion, botli  on  its  law  and  equity  sides,  over  all  cases  under  the  patt-nt 
laws,  and  that  no  suit  of  that  character  can  be  maintained  at  law  which 
may  not  also  be  prosecuted  in  equity.     Jbid.,  83. 

5.  In  cases  arisiiip  under  tlie  jtatint  law,  the  jurisdiction  of  the  Cir- 
cuit Courts  docs  not  depend  upon  the  citizensliip  of  the  parties  to  the 
action,  or  the  amount  in  controversy,  but  upon  the  subject-matter. 
Allen  V.  Blunt,  1  Blatchf.,  48t;.—NKi.soN.  J. ;  N.  Y.,  1849.  Goodyear 
V.  i'ni"n  htub   Co.,  MS. — Ixgkrsoli.,  J.;  N.  Y.,  1857. 

G.  The  jurisdiction  as  to  subject-matter  does  not  extend  to  a  bill  in 
equity  liUd  for  the  spocilic  perfurmanc-e  of  a  contract  res|>ecting  patents. 
Xrsiiiith  V.  Caliert,  1  ^V(Jod.  k  Min  ,  37. — WooDULUY.  J.;  Mass.,  1815. 
Brwks  V.  SloUey,  3  Mclx-an,  525.— McLe.\x,  .1.;  Ohio,  1813.  Burr  v. 
Gregory,  2  I'aiiie,  42fi,  429.— Tnoursox,  J.;  N.  Y.,  1828. 

7.  Xur  to  a  suit  brought  to  enforce  the  covenants  of  a  license  grant- 
ed under  a  patent.  Goodyear  v.  Union  Bub.  Co.,  MS. — Inqersoll,  J. ; 
N.  Y.,  1857. 

8.  Section  1 1  of  the  judiciary  act  of  1789  requiring  one  of  the  parties, 
plaiiitifl'  or  defendant,  to  bo  an  inhabitant  of  the  State  where  tlio  suit 
is  brought,  dois  not  apply  to  actions  arising  under  the  patent  laws. 
All'n  V.  Blunt,  1  Blatchf.,  4 StJ.— Nelson,  .F.;  N.  Y.,  18J9. 

9.  To  give  the  courts  jurisdiction,  the  party  defendant  must  bo  an 
inliabitant  of  the  district  in  which  the  suit  is  brouglit,  or  he  must  bo 
found  within  it  at  ti.o  time  of  the  service  of  the  original  process.  The 
provisioiiB  of  section  11  of  the  act  of  178rt,  in  this  respect,  apply  to 
patent  actions.  Day  v.  Newark  Ind.  Hub.  Co.,  1  lUatclif.,  f.3l,  ti32. — 
Nkusov,  J. ;  N.  Y.,  1850.  AU-n  v.  Blunt,  1  Blatchf,  48ti.— Neusox.  J.; 
N.  Y.,  1849.  Wdwn  v.  Sherman.  1  Blatchf,  541  — Nkuson,  .1.;  N.  Y., 
]850.  Brown  v.  Shannon,  20  How.,  50. — T.tNEV,  Ch.  J.;  Sup.  Ct, 
1857.     Cluiffee  V.  Unyuard,  20  Flow.,  215— Catkon,  J.;  Sup.  Ct ,  1857. 

See  also  I»ich.:,st  Tat.  (.'a»e.s,  title  ('0LKT8,  B.  2. 

(6)  1.  Other  rensoiiaijle  cases  under  this  section  in  which  npponls 
and  writa  of  error  may  bo  allowed  to  the  Supreme  Court,  must  bo 
limited  to  cases  which  rolafo  to  the  construction  of  the  patent  laws, 
and  sii' h  ««  involve  iiii|Mirtnnt  and  nui  tnltiiig  matters  oonnocled  with 
those  laws,  and  qucMtions  nolly  doubtful.  Allen  v.  Blunt,  2  Wood,  k 
Min.,  157.— WoouBtHV,  .1.;  Mass,  l8iC.  Sizer  v.  Manny,  16  How., 
103.— TaKKV.  Ch.  J.;   Hup.  Ct.,  1H53. 

2.  Under  this  iM'<'ti<in,  if  a  writ  of  error  is  allowed  liy  the  court  as 
"  roaaonablo,"  Bueli  writ  MiU'<t  bring  up  the  whole  case  for  i-onsidera- 
tioo,  aod  the  court  below  cannot  decide  aa  to  what  particular  pointa 


PATENT   LAWS.  149 


ACT  OP  1836,   CHAP.   357,   §  18.  in  POROK, 

shall  bo  taken  up.  IJogg  v.  Emerson,  6  How.,  478. — "Woodbury,  J. ; 
Sup.  Ct.,  1847. 

3.  An  appeal  or  writ  of  error  now  lies  to  tlic  Supremo  Court  from 
all  judpmonts  and  decrees  of  any  Circuit  Court  rendered  in  any  action 
nri.sing  under  the  patent  laws,  without  regard  to  the  value  or  amount 
in  controversy.     Act  of  18G1,  chap.  37. 

Seo  also  Dioest  Pat.  Cases,  titles  Appeals,  A. ;  Weit  of  Error. 

Section  18.  [Amended  by  act  of  1848,  §  1;  act  of 
1861,  §§  12,  16.]  A)id  be  it  further  enacted,  That  when- 
ever any  patentee  of  an  invention  or  discovery  shall  desire 
an  extension  of  his  patent  beyond  the  term  of  its  limita- 
tion, he  may  make  application  therefor,  in  writing,  to  the 
Commissioner  of  the  Patent  (3ffice,  setting  forth  the 
grounds  thereof  (a) ;  and  the  Commissioner  shall,  on  the 
applicant's  paying  the  sum  of  forty  dollars  to  the  credit 
of  the  treasury  (h),  as  in  the  case  of  an  original  applica- 
tion for  a  patent,  cause  to  be  published  in  one  or  more  of 
the  principal  newspapers  in  the  city  of  Washington,  and 
in  such  other  paper  or  papers  as  he  may  deem  proper, 
published  in  the  section  of  country  most  interested  ad- 
versely to  the  extension  of  the  patent,  a  notice  of  such 
application  and  of  the  time  and  place  when  and  where 
the  same  will  be  considered,  that  any  person  may  appear 
and  show  canse  why  the  e.xtension  should  not  be  grant- 
ed, (e)  And  the  Secretary  of  State,  the  Commissioner  of 
the  Patent  Office,  and  the  Solicitor  of  the  Treasury,  shall 
constitute  a  board  (d)  to  hear  and  decide  upon  the  evi- 
dence produced  before  them  both  for  and  against  the 
extension,  and  shall  sit  for  that  purpose  at  the  time  and 
place  designated  in  the  published  notice  thereof.  The. 
patentee  shall  furnish  to  said  board  a  statement,  in 
■writing,  under  oath,  of  the  ascertained  value  of  the 
invention,  and  of  his  receipts  and  expenditures,  sufficient- 
ly in  detail  to  exhibit  a  true  and  faithful  account  of  loss 


160  PATENT  LAWS. 


I\  rOBCI.  ACT  or  183G,  chap.  357,  §  18. 


and  profit  in  any  manner  accruing  to  him  from  and  by 
reason  of  paid  invention.  And  if,  upon  a  lu  aring  of  the 
matter,  it  shall  apj>ear  to  the  full  and  entire  satisfaction 
of  said  board,  having  due  regard  to  the  public  interest 
therein,  that  it  is  just  and  proper  that  the  term  of  the 
jiatent  should  be  extended,  by  reason  of  the  patentee, 
without  neglect  or  fault  on  his  part,  having  failed  to 
obtain,  from  the  use  and  sale  of  his  invention,  a  reason- 
able remuncrati<in  for  the  time,  ingenuity,  and  expense 
bestowed  upon  the  same,  and  the  introduction  thereof 
into  use,  it  shall  be  the  duty  of  the  Commissioner  to 
renew  and  extend  the  patent,  by  making  a  certificate 
thereon  of  such  extension,  for  the  term  of  seven  years 
from  and  after  the  expiration  of  the  first  term  ;  which 
certificate,  with  a  certificate  of  said  board  of  their 
judgment  and  opinion  as  aforesaid,  shall  be  entered  on 
record  in  the  Patent  Office ;  and  thereupon  the  said 
patent  shall  have  the  same  effect  in  law  as  though  it 
La<l  been  originally  granted  for  the  t<rm  of  twenty-one 
years,  (e)  And  the  benefit  of  such  renewal  shall  extend 
to  assignees  and  grantees  of  the  right  to  use  the  thing 
patented,  to  the  extent  of  their  respective  interests  there- 
in {/):  Pro'-idiil,  hmrcver,  That  no  extension  of  a 
patent  shall  be  granted  after  the  expiration  of  the  term 
for  which  it  was  originally  issued,  (ff) 

(a)  1.  In  tliiii  doction  Iho  word  patrnUe  in  iidpd  m  equivalent  to  in- 
ventor.    H'Wr/v^«A  V,  ShrrmatK  3  Piory,  n<',  — St*)UT,  .J.;   MaBS.,  1«44. 

2.  Thui  noclion  aulhorizoH  tho  extonnion  of  n  patent  on  the  applica- 
tion of  uQ  a<lmini«tralor.  Nipnan'a  C'-we,  3  <>pin,  lli'i. — (iKUM>T, 
Atly.-(»en. ;  1H3'J  Van  ll,M,k  v.  Scudder  (cittd  i  Story.  UJ;  3  Mc- 
Lean. 4:{8)  — Thomi-wiK,  J. ;  N.  Y..  1H4:1.  Brooks  v.  UicktieU,  3  McLoun, 
X5H.— M<L«AS,  J.;  Ohio,  1HI3.  Drooka  \.  DirkneU.  3  Mclx-nn,  436. — 
McLeaK,  J.;  f)hio,  1844.  Woixiwcrth  v.  Sherman,  3  Story.  17*2.— 
&rOBT,  J.;  U»M,  1844.  Woodworth  v.  Wilson,  4  Uow.,  71G.— Nelso», 
i.  i  Sup.  CL,  18*6. 


PATENT  LAWS.  161 


ACT  or  1836,  CHAP.  357,  §  13. 


3.  And  tins,  though  the  patentee  diirinp:  his  lifetime  had  disposed  of 
all  his  interest  in  the  existing  patent,  and  having  at  tiie  time  of  his 
death  no  interest  in  it.  Wilson  v.  Hosatau,  4  How.,  675,  686,  688. — 
Nei^o.v,  J.;  Sup.  Ct.,  1845. 

See  al.so  Diokst  P.\t.  Ca.ses,  title  Extension  of  Patknt,  A. 

(6)  The  fee  i.s  now  fifty  dollars  on  the  application  for  an  extension, 
and  fifty  dollars  whon  the  extension  is  granted.     Act  of  18G1,  §  10. 

(c)  1.  The  notice  of  application  for  an  extension  is  intended  to  pro- 
tect the  public,  and  give  all  an  opportunity  to  appear  and  oppose. 
Gale's  Cas'',  3  Opin.,  6;i4.— Gilpin,  Atty.-Gen. ;   1840. 

2.  Application  must  now  be  made  at  least  ninety  daya  before  the 
expiration  of  the  patent,  and  the  notice  must  be  published  at  least 
sixty  days  before  such  expiration.     Act  of  1861,  S  12. 

(d)  Commissioner  of  Patents  substituted  for  this  board  by  act  of 
1848,  section  1. 

(e)  1.  The  right  of  renewal  is  not  limited  to  future  patents,  but  ap- 
plies to  the  past.  Woodworth  v.  Sherman,  3  Story,  176. — Story,  J.; 
Mass.,  1844.  Wilson  v.  Turntr,  1  Law  Rep.,  529.— Taney,  Ch.  J.;  Md., 
1845. 

2.  This  section  provides  for  but  one  extension.  Gibson  v.  Cook,  % 
Blatchf,  146— Nelso.v,  .1.;  N.  Y..  1850. 

3.  The  decision  of  the  Board  of  Commissioners,  under  this  section,  is 
conclu.sivo  within  the  scope  of  its  authority.  Brooks  v.  Bkknell,  3 
McLean,  2.')8. — McLean,  J.;  Ohio,  184.T.  Wilson  \.  Hosscau,  4  How., 
688.— Nklson,  J.;  Sup.  Ct.,  1345.  Woodworth  v.  Stone,  3  Stor>-,  753. 
—Story,  J.;  Mass..  1845.  Coltx.  Young,  2  Blatchf.,  473,  474.— Nel- 
son, J.;  N.  Y.,  1852.  Battin  v.  Taggert.  17  How.,  84.— McLean,  J.; 
Sup.  Ct.,  1854.  Clunx  v.  Brewer,  2  Curt.,  518.— CcKTis,  J.;  Mass., 
1855. 

4.  A  renewed  patent  confers  the  same  rights  with  an  original  patent 
Evans  v.  Jordan,  1  Brock.,  254. — Marshall,  Ch.  J.;  Va.,  1813. 

5.  After  an  extension,  the- original  patent  becomes  one  virtually  for 
twenty-one  years.  Gibson  t.  Harris,  1  Blatchf.,  169. — Nelson,  J. ;  N 
Y.,  1846. 

6.  If  extended  again  by  act  of  Congress,  it  becomes  one  for  twenty 
eight  years.  Woodworth  v.  Edwards,  3  Wood.  4  Min.,  125. — Wood 
BCRY,  J. ;    Mass.,  1847. 

7.  Patents  may  also  be  extended  by  act  of  Congress,  after  having 
been  once  extended,  under  this  section.  Evans  v.  Eaton,  Pet.  C.  C, 
3;?7.— Washinoton.  J. ;  Pa.,  1816.  Evans  v.  Eaton.  3  Wheat.,  528.— 
Marshall,  Ch.  J.;  Sup.  Ct.,  1818.  Blanchard  v.  IJaynef.  6  West.  Law 
Jour.,  83.— Woodbury.  J. ;  X.  H.,  1848.  Bloomer  v.  StoUey,  5  McLean, 
160,  161.— McLean,  J.;  Ohio,  1850. 

See  also  Digest  Pat.  Cases,  title  Extension  of  Patent,  B.,  D..  E. 

(/)  1.  The  extension  of  a  patent,  under  this  section,  does  not  inure 
to  the  benefit  of  assignees  or  grantees  under  the  original  patent,  so  as 
to  Test  in  them  any  exclusive  right.     But  the  benefit  of  such  renewal 


152  PATENT   LAWS. 


IN    FORCE.  ACT  OF   1836,    CUAP.    357,    g§  18,  19. 

is  limited  to  those  who  were  in  the  use  of  the  patented  article  at  the 
time  of  the  renewal,  and  saves  to  Buch  pereons  the  ripht  to  xise  the 
machines  hfhl  by  them  ut  tlic  time  of  siicli  renewal.  Wd-Km  v.  Bosseau, 
4  How.,  082. — Nkuso.v,  J.;  Sup.  Ct.,  1!>-13. 

2.  T!io  meaning  of  the  words  "thinp:  patented,"  in  the  latter  part 
of  this  section,  when  construed  in  connection  with  the  simple  riphi  to 
uae,  witliout  the  right  to  make  and  rend,  lias  reference  to  the  machine 
patented.     Ibid.,  683. 

3.  The  phra.se  "to  the  extent  of  their  interests  therein,"  means  their 
interests  in  the  patented  machines,  be  that  interest  in  one  or  more  at 
the  time  of  the  extension.     Ibid..  683. 

4.  The  object  of  the  clause  ns  to  assignees,  is  to  preserve  any  pre- 
vious contract  of  assignment  in  the  sense  in  which  boiii  parties  under- 
ptoo<l  and  intended  it  at  the  time  it  was  made,  and  to  secure  to  the 
purchaser  the  right  he  had  intended  to  buy,  and  which  the  patentee 
intended  to  sell.  Wilson  v.  Turrur,  7  Law  Kep.,  630,— Tankt,  Ch.  J.; 
Md.,  184.J. 

6.  The  words  of  this  section  as  to  assignees  and  grantees,  seem  to 
convey  the  impression  that  sonietliing  more  than  the  mere  ownership 
of  existing  machines  was  intended,  and  that  they  were  intended  to 
embrace  all  classes  of  such  assignees  and  grantees,  and  all  inventions, 
whether  of  machines,  processes,  or  comjiositions  of  matter,  and  to  em- 
brace rights  and  interests  which  were  diflferent  in  extent,  either  of  time 
or  territory,  or  both.  Day  v.  Union  Hub.  Co.,  3  Blatchf.,  497. — IIall, 
J.;   X.  Y.,  1856. 

6.  But  such  right  is  limited  to  a  right  to  U5«,  although  the  person 
holding  it  may  also  have  iicld.  during  the  original  term,  an  exclusive 
right  to  use,  to  make,  and  vend.  And  such  right  to  u-se  is  .secured 
only  to  the  extent  of  the  respective  interests  of  the  assignees  or 
grantees  tlierein.     IbpJ.,  502. 

See  also  I'KiE.sT  Tat.  Casrs,  title  Extension'  of  Patent,  C. 

(;;)  The  extension  of  all  patents,  except  for  designs,  granted  subM- 
queully  to  March  2d,  Isoi,  is  now  prohibited.     Act  of  18G1,  g  16. 

Section  19.  An<f  l>r  it  furdur  nmrffif.  That  tlnTo 
phall  he  provided  for  llic  use  of  sriid  ofllce,  a  lil>rary  of 
scientific  works  and  jn-riodical  puhlitatioiis,  Ijolli  foreign 
and  American,  calculated  to  facilitate  the  discharge  of 
tlie  duties  herehy  required  of  the  chief  officers  therein,  to 
he  j»urclia«e<l  uiidtr  the  direction  of  the  Committee  of 
the  Library  of  Congress.  And  the  sum  of  fifteen  hun- 
dred dollars  ift  hereby  appropriated  for  that  purpose,  to 
be  ]>aid  out  of  tlie  patent  fund. 


PATENT  LAWS.  153 


ACT  OF  1836,  CHAP.  357,  §§  20,  21. 


Section  20.  And  be  it  further  enacted,  That  it  shall 
be  the  duty  of  the  Commissioner  to  cause  to  be  classified 
and  .'irrangcd,  in  such  rooms  or  cjallcrics  as  may  be  pro- 
vidt-'il  for  that  purpose,  in  suitable  cases,  when  necessary 
for  their  preservation,  and  in  such  manner  as  shall  be 
conducive  to  a  beneficial  and  favorable  display  thereof, 
the  models  and  specimens  of  compositions  and  of  fabrics 
and  other  manufactures  and  works  of  art,  patented  or 
unpatented,  which  have  been,  or  shall  hereafter  be,  de- 
posited in  said  office.  And  said  rooms  or  galleries  shall 
be  kept  open  during  suitable  hours  for  public  inspection. 

The  Commissioner  of  Patents  may  now  restore  to  appliennts,  models 
of  rejected  applications,  or  of  applications  for  designs,  or  otherwise  dis- 
pose of  then^  in  cases  wlierc  he  shall  not  tliink  it  necessary  to  preserve 
them.     Act  of  ISGl,  g  5. 

Seition  21.  And  be  it  further  enacted.  That  all  acts 
and  parts  of  acts  heretofore  passed  on  this  subject  be,  and 
the  same  are  hereby  repealed :  Provided,  hcncever,  That 
all  actions  and  processes  in  law  or  equity  sued  out  prior 
to  the  passage  of  this  act,  may  be  prosecuted  to  final 
judgment  and  cxiH-uiion,  in  the  same  manner  as  though 
this  act  had  not  been  passed,  excepting  and  saving  the 
application  to  any  such  action  of  the  provisions  of  the 
fourteenth  and  fifteenth  sections  of  this  act,  so  far  as  they 
may  be  applicable  thereto  :  And  provided,  afs<>.  That  all 
applications  or  petitions  for  patents,  pending  at  the  time 
of  the  passage  of  this  act,  in  cases  where  the  duty  has 
been  paid,  shall  be  proceeded  with  and  acted  on  in  the 
same  mamier  as  though  filed  after  the  passage  hereof 

Approved  July  4th,  1836. 


154  PATENT  LAWS. 


IN   rOROK.  ACT  or   1837,   CHAP,  45,   §  1. 


ACT     OF     1837,    CHAPTER    45. 
5  Statutes  at  Large,  191. 

[T7ii»  Act  still  in  Force.] 

An  Act  in  addition  to  the  act  to  promote  the  progress  of 

science  and  useful  arts. 

Sectiox  1.  JJe  it  enacted  by  the  Senate  and  House  of 
Representatives  of  the  United  States  of  America  in  Con- 
gress assembled.,  That  any  person  who  may  be  in  posses- 
sion of,  or  in  any  way  interested  in,  any  patent  for  an 
invention,  discovery,  or  improvement,  issued  prior  to  the 
fil^t-enth  day  of  DeeemlxT,  in  the  year  of  our  Lord  one 
thuus.-ind  ei^^ht  hundre<l  and  thirty-six,  or  in  an  assign- 
ment of  any  patent,  or  interest  therein,  executed  and  re- 
corded prior  to  the  said  fifteenth  thiy  of  Deeenihcr,  may, 
witliuut  charge,  on  presentation  or  transmission  thereof 
to  the  Commissioner  of  Patents,  have  the  same  recorded 
anew  in  the  Patent  Office,  together  with  the  descriptions, 
Hpet'ifieaf ions  of  chiim  and  drawings  nnnexed  or  lieh)ng- 
ing  to  the  same  ;  and  it  shall  be  the  duty  of  the  Commifl- 
hioner  to  cause  the  same,  or  any  authenticated  copy  of 
th«*  original  record,  speeifieation,  t>r  drawing  which  ho 
may  obtain,  to  be  trans(;ril)ed  and  copied  into  books 
of  record  to  be  kept  for  that  purpose ;  and  wherever  a 
drawing  was  not  originally  ann<'xed  to  the  patent  and 
referred  to  in  tin-  specification,  any  drawing  produced  as 
a  delineation  of  the  invention,  being  verified  by  oath  in 
such  maimer  as  the  Coraniissioner  shall  require,  may  be 
transniitte<l  and  placed  on  tile  or  cojiied  as  aforesaid,  to- 
gether with  certificate  of  the  oath;  or  such  drawings  may 


PATENT  LAWS.  155 


ACT  OP    1837,   CHAP.   45,    §§  1,  2.  IN   FORCE. 

be  made  in  the  office,  under  the  direction  of  the  Commis- 
sioner, in  conformity  with  the  specification.  And  it  shall 
be  the  duty  of  the  Commissioner  to  take  such  measures 
as  may  be  advised  and  determined  by  the  Board  of  Com- 
missioners provided  for  in  tlie  fourth  section  of  this  act, 
to  obtain  the  patents,  specifications,  and  copies  aforesaid, 
for  the  purpose  of  being  so  transcribed  and  recorded. 
And  it  sliall  be  the  duty  of  each  of  the  several  clerks  of 
the  judicial  courts  of  the  United  States,  to  transmit  as 
soon  as  may  be,  to  the  Commissioner  of  the  Patent  Office, 
a  statement  of  all  the  authenticated  copies  of  patents, 
descriptions,  specifications,  and  drawings  of  inventions 
and  discoveries  made  and  executed  prior  to  the  aforesaid 
fifteenth  day  of  December,  which  may  be  found  on  the 
files  of  liis  office ;  and  also  to  make  out  and  transmit  to 
said  Commissioner,  for  record  as  aforesaid,  a  certified 
copy  of  every  such  patent,  description,  specification,  or 
drawing,  which  shall  be  specially  required  by  said  Com- 
missioner. 

Sectiox  2.  And  be  it  furthtr  enacted^  That  copies  of 
such  record  and  drawings,  certified  by  the  Commissioner, 
or,  in  his  absence,  by  the  cliief  clerk,  shall  ha  prima  facie 
evidence  of  the  particulars  of  the  invention  and  of  the 
patent  granted  therefor  in  any  judicial  court  of  the  United 
States,  in  all  cases  where  copies  of  the  original  record  or 
specification  and  drawings  would  be  evidence,  without 
proof  of  the  loss  of  such  originals ;  and  no  patent  issued 
prior  to  the  aforesaid  fifteenth  day  of  December,  shall, 
after  the  first  day  of  June  next,  be  received  in  evidence 
in  any  of  the  said  courts  in  behalf  of  the  patentee  or 
other  person  who  shall  be  in  possession  of  the  same, 
unless  it  shall  have  been  so  recorded  anew,  and  a  draw- 


156  PATENT   LAWS. 


ACT  OF  1837,  CIUP.  45,  §§  2,  3. 


ing  of  the  invention,  if  separate  from  the  patent,  verified 
as  aforesaid,  deposited  in  the  Patent  Office ;  nor  shall  any 
Aviiiteii  as^iLrnnu'Ut  of  ajiy  such  ))atent,  executed  and  re- 
coitk'd  j.rior  to  tlie  said  fifteenth  day  of  December,  be 
received  in  evidence  in  any  of  the  said  courts  in  behalf  of 
tlie  assignee  or  other  person  in  possession  thereof,  uolil  it 
shall  have  been  so  recorded  anew. 

1.  Uuder  this  section  it  was  lield,  whore  a  patent  was  prantod  in 
lF;t4,  but  no  drawiiii;  wa.s  attached  thereto,  and  in  June,  1837,  such 
patent  was  recorded  anew,  and  was  also  extended  for  seven  years  on 
the  25lh  of  Septcmlx>r.  lH-t8,  and  in  Xovoniher,  1818,  a  drawing  with 
written  references  was  liltd,  with  an  anidavit  of  the  jiatentce  of  tlio 
oorrectncHS  of  such  drawintf.  tliat  a  certilied  copy  of  such  drawing  was 
admissible  in  evidem-o  in  connection  with  the  patent  and  s|»ociticatioo, 
and  tliat  the  whoio  to;fetht-r  made  prima  jacU  eviilence  of  tiio  particu- 
lars of  such  invention.  Winana  v.  Srfienec.  &  Tivy  JL  A'.,  "2  Blatchf., 
2.S3,  -JSS,  21*8  -Nkusos,  J.;    N.  Y.,  18:il. 

1j.  Such  u  drawing',  iiowever,  as  a  ),'eneral  rule  will  not  bo  ofli-ctual 
to  correct  any  material  defect  in  the  si>eci(ication.  ^n  case  of  discrep- 
ancy between  the  drawinjfs  and  specitication,  tlio  latter  must  prevail. 
Nor  will  such  a  drawing  have  the  same  eflbct  as  if  it  had  been  referred 
to  in  the  specification.     Jbid.,  200. 

Section  3.  [Extended  by  act  of  1842,  §  2.]  And  be  it 
furlher  enartnl^  That  whenever  it  shall  appear  to  the 
Commissioner  that  any  patent  was  destroyed  ])y  the 
l)Uming  of  the  Patent  Ofliee  building  on  the  aforesaiil 
fifteenth  day  of  December,  or  was  otherwise  lost  prior 
thereto,  it  shall  be  his  duty,  on  application  therefor  by 
the  patentee  or  other  person  interested  therein,  to  is-^uo 
Ji  new  piitfut  ft)r  tlie  same  invention  or  diseovery,  bearing 
the  date  of  the  original  patent,  w  ith  his  certificate  theri!- 
<jn  that  it  w:is  made  and  issued  pursuant  to  the  provisions 
of  the  third  section  of  this  act,  and  shall  eiiler  the  same 
of  record  :  J*ruci<h<f,  hoiecctr.  That  before  such  paten^ 
shall  be  issued,  tln^  applicant  therefor  shall  deposit  in  the 
I'ateut  Ofliee  a  duplicate,  as  near  as  may  be,  of  the  origi- 


PATENT  LAWS.  157 

ACT  or   1837,    CHAP.   45,    §§  3,  4.  IN   FORCE. 

nal  mo<lel,  Jrawiiitfs,  and  description,  with  specification 
of  the  invention  or  discovery,  verified  by  oath,  us  shall 
be  required  by  the  Commissioner ;  and  such  patent  and 
copies  of  such  drawings  and  descriptions,  duly  certified, 
shall  be  admissible  as  evidence  in  any  judicial  court  of 
the  United  States,  and  shall  protect  the  rights  of  the 
patentee,  his  administrators,  heirs,  and  assigns,  to  the  ex- 
tent only  in  ■which  they  would  have  been  protected  by 
the  original  patent  and  specification. 

1.  "U'here  a  patent  was  obtained  in  18;!4,  the  original  of  which  and 
tlie  drawings  were  destro^-cd  b_y  fire  in  1S3G,  and  the  patentee,  under 
the  act  of  18:!7,  filed  in  1841  a  copy  of  his  patent,  and  deposited  a 
drawing,  wliicli,  however,  was  not  verified,  but  which  he  verified  in 
February,  184-1,  and  subsequently  in  March,  1844,  considering  such 
copy  imperfect,  filed  another  and  a  fuller  drawing,  and  commenced  suit 
iu  May,  1844;  lltld,  that  a  certified  copy  of  such  second  drawing  was 
properly  received  in  evidence  in  such  action.  Emerson  v.  Hogg,  2 
Blatchf.,  9.— Beits,  J.;  N.  Y.,  1845. 

2.  When  such  drawings  are  put  on  file  they  become  public  records, 
and  copies  of  them  must  be  received  in  evidence.  If  they  are  dis- 
cordant, one  may  destroy  the  effect  of  tlie  other.     Ibid.,  12. 

3.  Under  this  section  drawings  when  burnt  may  be  restored,  and  if 
in  some  respects  erroneous  they  can  be  corrected.  Uogg  v.  Emerson, 
11  How.,  G0(>.— WooDiiL-RY,  J.;   Sup.  Ct.,  ISfiO. 

4.  But  it  would  not  bo  proper  to  leave  the  drawings  so  long  not 
restored  or  corrected  as  to  evince  neglect,  or  a  design  to  mislead  the 
public.     Ibid.,  GOG. 

5.  The  provisions  of  this  section  extended  to  patents  granted  prior 
to  December  15th,  1836,  but  lost  subsequent  thereto.     Act  of  1842,  §  2. 

Section  4.  And  be  it  further  enacted,,  That  it  shall  be 
the  duty  of  the  Commissioner  to  procure  a  duplicate  of 
such  of  the  models  destroyed  by  fire  on  the  aforesaid 
fifteenth  day  of  December,  as  were  most  valuable  and 
interesting,  and  whose  preservation  would  be  important 
to  the  public ;  and  such  as  would  be  necessary  to  facili- 
tate the  just  discharge  of  the  duties  imposed  by  law  on 
the  Commissiuner  iu  issuing  patents,  and  to  protect  the 
rights  of  the  public  and  of  patentees  in  patented  i-jven- 


158  PATENT  LAWS. 


nr  roRCS.  act  or  1837,  chap.  45,  §g  4,  6. 

tions  and  improvements:  /Vovtffe(/,  That  a  diiplicate  of 
Buch  models  may  be  obtained  at  a  reasoniible  expense: 
Auff  prorideff,  also,  That  the  whole  amount  of  expi'ndi- 
ture  for  this  purpose  shall  not  exceed  the  sum  of  one 
hundred  thousand  dollars.  And  there  shall  be  a  tem- 
porary board  of  commissioners,  to  be  composed  of  the 
Commissioner  of  the  Patent  Office  and  two  other  persons 
to  be  appointed  by  the  President,  whose  duty  it  shall  be 
to  consider  and  determine  upon  the  best  and  most  judi- 
cious mode  of  obtaining  models  of  suitable  construciion ; 
and,  also,  to  consider  and  determine  what  models  may  be 
procured  in  pursuance  of,  and  in  accordance  with,  the 
provisions  and  limitations  in  this  section  contained.  And 
said  Commissioners  may  make  and  establish  all  such  reg- 
ulations, terms,  and  conditions,  not  inconsistent  with  law, 
as  in  their  opinion  may  be  j)roper  and  necessary  to  carry 
the  pr(jvisions  of  this  section  into  effect,  according  to  its 
true  intent. 

SEfTiON  5.  [. Amending  .act  of  1830,  g  13.]  And  be  it 
/urt/ter  t/uirted,  That,  whenever  a  j»atent  shall  be  re- 
turned for  correction  and  reissue  under  the  thirteenth 
section  of  the  net  to  which  this  is  additional,  ami  the 
patentee  shall  desire  several  ])atentrt  to  be  issued  for  dis- 
tinct and  separate  parts  of  the  thing  patented,  he  shall 
first  pay,  in  maimer  and  in  addition  to  the  sum  provided 
by  that  act,  the  sum  of  thirty  dollars  for  each  additional 
patent  bo  to  be  issued  ('/)  ;  I'rovidftf,  /unrrvfr,  That  no 
patent  made  jirior  to  the  aforesaid  fifteenth  day  of  De- 
cember, shall  be  corrected  and  reissued  until  a  duplicate 
of  the  model  and  drawing  of  the  thing  as  originally  in- 
vented, verified  by  oath  as  shall  be  required  by  the  Com- 
missioner, shall  be  deposited  in  the  Patent  Office ; 


PATENT  LAWS.  159 


ACT  OF   1837,   CHAP.   45,    §§  5,  6.  IN   FORCE. 

Nor  shall  any  adilition  of  an  improvement  be  made  to 
any  patent  heretofore  granted,  nor  any  new  patent  be 
issued  for  an  improvement  made  in  any  machine,  manu- 
factmc,  or  process,  to  the  original  inventor,  assignee,  or 
possessor,  of  a  patent  therefor,  nor  any  disclaimer  be 
admitted  to  record,  until  a  duplicate  model  and  drawing 
of  the  thing  originally  invented,  verified  as  aforesaid, 
shall  have  beon  deposited  in  the  Patent  Office,  if  the 
Commissioner  sliall  require  the  same ;  nor  shall  any 
patent  be  granted  for  an  invention,  improvement,  or  dis- 
covery, the  model  or  drawing  of  which  shall  have  been 
lost,  until  another  model  and  drawing,  if  required  by 
the  Commissioner,  shall,  in  like  manner,  be  deposited  in 
the  Patent  Office ; 

And  in  all  such  cases,  as  well  as  in  those  which  may 
arise  under  the  third  section  of  this  act,  the  question  of 
compensation  for  such  models  and  drawing  shall  be  sub- 
ject to  the  judgment  and  decision  of  the  commissioners 
provided  for  in  the  fourth  section,  under  the  same  limita- 
tions and  restrictions  as  are  therein  prescribed. 

(a)  1.  If  an  original  patent  include  two  inventions,  and  its  validity 
on  that  account  is  doubted,  a  separate  renewal  is  just  and  proper. 
Goodyear  v.  Day,  MS. — Grier,  J. ;  X.  J.,  1852. 

2.  With  respect  to  reissues,  this  section,  and  section  13  of  the  act 
of  183G  are  to  be  taken  together  in  construction,  and  the  most  just  and 
equitable  extent  to  which  the  terms  of  the  law  in  its  true  spirit  will 
admit  of,  ouglit  to  be  adopted.  Ball,  Ex  parte,  MS.  ( App.  Cas.) — MoR- 
SELL,  J.;   D.  C,  18G0. 

3.  If  the  patent  be  defective  or  insufficient,  either  in  the  specifica- 
tion or  claim,  the  patentee  has  a  right,  in  the  absence  of  fraud  and 
deception,  to  have  a  rei.ssue.  for  each  separate  and  distinct  part,  effect- 
ually to  cure  the  defect :  and  lie  has  the  right  to  restrict  or  enlarje  hia 
claim,  so  as  to  give  it  operation,  and  eflectuate  his  invention.     Ibid. 

See  also  notes  to  section  13  of  the  act  of  1836. 

Section  6.  [Enlarging  act  of  1836,  §  5.]  And  be  it 
further  enacted,  That  any  patent  hereafter  to  be  issued, 


100  rAT£NT   LAWS. 


IN   FORCE.  ACT  OF   1S37,   CHAP.   46,   §  6. 

may  bu  made  ami  issued  to  the  assignee  or  assignees  of 
l!io  inventor  or  discoverer,  the  assignment  thero».»l'  being 
tiist  entered  of  record,  and  the  application  thercfur  being 
d  liy  made,  and  the  specification  duly  sworn  to  by  the 
inventor.  And  in  all  cases  hereafter,  the  applicant  for  a 
p:iteut  shall  be  held  to  furnish  duplicate  drawings,  when- 
ever t!ie  case  admits  of  drawings,  one  of  which  to  bo 
deposited  in  the  office,  and  the  other  to  be  annexed  to 
the  i)atent,  and  considered  a  part  of  the  specification. 

1.  This  is  un  cnabliug  statute.  Prior  to  its  passajro,  letters  patent 
could  only  issue  to  tiie  inventor:  and  after  tiiey  %fere  issued  they  woro 
assignable,  so  as  to  ^jive  tlio  assignee,  in  whole  or  in  {'art,  \ogti\  rights. 
Thia  act  gave  the  right  to  the  a>.sijfiiec  or  assignees  to  have  the  patent 
ihsued  to  liiin  or  them,  un<l  not  to  the  inventor.  An^m.,  4  Opin.,  4U0. 
— Masox,  Atty.-Gen.;   1845. 

2.  But  patents  cannot  issue  jointly  to  the  inventor  as  such,  and  to 
the  assignee  of  a  partial  interest :  IJut  must  issue  to  the  assignee  or 
aesignecs  of  the  whole  interest.     Jbid.,  4ol. 

3.  A  partial  assigniuent  before  issue,  does  not  entitle  the  p-nrtiol  as- 
signco  to  have  the  patent  issued  to  him  to  the  extent  of  his  interest. 
Ibid,  401. 

4.  Alter  tho  assignment  of  the  invention,  rftider  tliis  section,  by 
which  tho  inventor  divests  himself  of  all  interest  therein,  and  transfers 
it  to  the  assignee,  aUhoiigh  the  application  for  a  patent  must  bu  in  hia 
name,  still,  for  all  substantial  purpo.ses,  and  in  judgment  of  law,  tho 
ii.>M»igne<«  is  the  party  making  the  application.  Gjy  v.  CoimL,  1  lilulchf., 
609.— NEI30.S-,  J.;   N.  Y..  Is  19. 

6.  An  assignmi-nt  Ixforo  paioni  issued,  may  be  made  aflcr  tho  rejec- 
tion of  the  uMsignor's  apiilicition,  and  alter  liis  appeal  to  the  justices 
of  the  Circuit  (.'ourt,  and  wdi  be  sunicient  to  enable  Bueh  Odsignoe  to 
tile  hia  bdl  under  section  10  of  the  act  of  ls3ti.  amended  by  sjt^lion  10 
of  tho  act  of  1839,  to  comjiol  the  issue  of  a  patent  to  him.  Jbid.,  .i09, 
.•.10. 

G.  If  an  inventor  assign  all  hia  right  in  an  inveiiiion,  tlio  aasignoe 
may  have  tlio  |mlent  isHued  to  himself.  Hut  if  the  as-ignmeui  bo  only 
partial,  though  tho  pari  ozci-pted  ia  lunall,  the  asslguiH)  has  no  legal 
claim  to  the  |>utent.  It  must  be  i.-<sued  in  the  name  of  the  uiventor, 
kud  be  held  by  him  in  trust  for  the  use  of  the  us'iguee,  to  the  extent 
of  the  cquitie**  he  has  by  virtue  of  hia  contract.  Agcr's  t'o-se,  MS., 
Opin.— Bi.A(  K,  Atty.-0<-n,;    18.'i9. 

7.  Tlio  i>rovisi<>n  of  iliia  ncctioo,  requiring  duplicate  drawings,  though 
directory  in  it«  tcruua,  is  not  a  condition :  and  it  has  retereuce,  in  point 


PATENT  LAWS.  IGl 

ACT  OF   1837,   CHAP.   45,   §  7.  IX   FORCE. 

of  lime,  to  the  issuing  of  tho  patent,  and  not  to  the  filing  of  the  peti- 
tion for  it.  Duijhcati.'  drawings  need  not  he  tiled  at  the  time  of  llio 
application,  nnd  such  is  the  interpretation  of  tiio  Patent  Ollice.  J-Ye.ich 
V.  J:ofj<:is,  MS. — Kane,  J.;  Pa.,  Ibol.  O'HeiUij  v.  J/ors^,  15  How.,  12G. 
— LiuiEii,  J.;  Sup.  Cl.,  1653. 

See  also  Digest  Pat.  Cases,  title  Assigxee,  B.  3. 

Skction  7.  A)id  })e  it  further  enacted^  Th;it.  whenever 
any  patentee  shall  have  through  inadvertence,  accident, 
or  mistake,  made  his  specihcution  of  claim  too  broad, 
claiming;  more  th:m  that  of  wliich  ho  was  the  original  or 
iirst  inventor,  some  material  and  substantial  part  of  the 
thing  patented  being  truly  and  justly  his  own,  any 
such  patentee,  hi."?  aibninistrators,  executors,  and  assigns, 
whether  of  the  whole  or  of  a  sectional  interest  therein, 
may  make  disclaimer  {a)  of  such  parts  of  the  thing  pat- 
ented as  the  disdaimant  shall  not  claim  to  hold  by  virtue 
of  the  patent  or  asignmeut,  slating  therein  the  extent  of 
his  interest  in  such  patent  {b) ;  which  disclaimer  shall  be 
in  writing,  attesud  by  one  or  more  witnesses,  and  re- 
corded in  the  Patent  Oftice,  on  payment  by  the  person 
disclaiming  in  manner  as  other  patent  duties  are  required 
by  law  to  be  paid,  of  the  sum  of  ten  dollai-s.  And  such 
disclaimer  shall  thereafter  be  taken  and  considered  as 
part  of  the  original  specification,  to  the  extent  of  the 
interest  which  shall  be  possessed  in  the  patent  or  right 
secured  thereby,  by  the  disdaimant,  and  by  those  claim- 
ing by  or  under  him  ('■)  subsequent  to  the  record  thereof. 
But  no  such  disclaimer  shall  atlcct  any  action  pending  at 
the  time  of  its  being  filed,  except  so  far  as  may  relate  to 
the  question  of  unreasonable  neglect  or  delay  in  filing  the 
same,  {d) 

(a)  1.  The  law  requiring  and  permitting  a  patentee  to  enter  a  dis- 
claimer, is  penal  and  not  remedial.  It  is  intended  for  the  proteetiuu 
of  the  patentee  as  well  as  tlie  piihlij,  and  should  Dot  receive  a  cj;.si.ae- 


162  PATENT   LAWS. 


ACT  OP   1837,    CHAP.   46,    §  1. 


tion  thnt  would  restrict  its  operation  within  narrower  limits  Dinn  the 
law  fairly  imports.  O'Reilly  \.  Morse^  16  How.,  121. — Taney,  Ch.  J.; 
Sup.  Cl..  18..3. 

'1.  Whuthcr  a  patent  is  illeg.il  in  part  because  of  cl.iiming  more  than 
he  had  described,  or  more  than  he  lias  invenieil,  the  patentee  must  in 
either  case  disclaim,  in  order  to  save  the  portion  to  which  he  is  enti- 
tled.    Ibid..  122. 

3.  A  pateniee  has  a  right  to  disclaim  any  thing  which  has  been 
claimed  through  "  inadvertence  or  mistake."  I'arkcr  y.  SfMrs,  MS. — 
Grieii.  J.;   Pa.,  1850. 

•1.  StmbU,  That  a  disclaimer,  under  this  section,  should  not  only  dis- 
claim what  is  not  claiuied  as  new,  but  should  al.so  distinctly  .set  forth 
what  part  of  the  invention  is  still  cluiined,  as  it  is  uiauil'estly  designed 
to  act  as  a  new  specification.  Lipirincvtt  v.  Kelly,  1  West.  l<aw  Jour., 
613.— iKVi.v,  J.;    I'a.,   1844. 

(b)  1.  Under  this  section  the  di.sclaimer  must  state  the  interest  of 
the  person  disclaiming.  But  where  an  administrator  in  whoso  name  a 
patent  had  been  extended,  entered  a  disclaimer,  slating  that  he  was 
the  patcutee,  and  rilerriug  to  the  patt^-nt  as  showing  his  interest,  it 
was  lield  sulBcient.  Brooks  v.  litcknell,  3  McLean,  439. — McLkas,  J.; 
Ohio,  18J4. 

2.  Where  a  discluiiner  made  by  a  j)atentce  stated  that  '  it  was  to 
ojHfrate  to  the  e.xtent  of  the  interest  in  said  letters  patent  vested"  in 
the  j.atentee,  Htld,  that  it  fairly  imported  on  its  fatv,  that  the  |>atentee 
was  tiie  owner  of  the  entire  interest  in  the  patent,  and  if  so,  there 
was  a  substantial  tomplianco  with  the  statute,  as  to  tlio  discluimcr 
staling  the  interest  of  tlie  party  making  it  FooU  r.  Sileby,  1  Blatchf., 
401.— Nkuso.v,  J.;  aN'.  Y.,  isl'J,  Silsby  v.  /bote,  14  llow.,  221.— CUK- 
TI8,  J.;  Sup.  C't.,  1H52. 

(e)  1.  If  a  patent  lias  been  previou.sly  assigned  in  part,  and  a  dis- 
cluiniur  haa  )>een  filed  by  the  patentee  alone,  such  disclaimer  will  not 
0|>oralo  in  favor  of  the  assignee,  in  any  suit  either  at  law  or  equity, 
unless  ho  has  joined  in  it.  WyeUi  v.  Stonr,  1  Story,  2U4. — Stouv,  J.; 
Mass.,  1H40. 

2.  A  diiicbim  t  of  jmrt  of  an  invention  cannot  afiect  a  prior  granfo 
undur  the  patent,  uiilosa  ho  accopta  of  it ;  he  may  refuse  to  \>o  iiflTected 
by  U.  Sintth  V.  Hcrccr,  6  West.  Law  Jour.,  63. — Kank,  J. ;  I'u., 
1 84''>. 

3.  I'ndor  section  7  of  the  act  fif  1837,  the  owner  of  a  seclional  in- 
iorent  in  a  patent  may  make  a  disclaimer  of  |>arl  of  the  thing  ])utented, 
which  wdl  Ik'  ciusid-rod  us  a  part  of  the  original  patent,  to  ihu  extent 
of  bin  interest;  but  the  patentee  is  not  coiniK?lled  lo  join  in  such  dis- 
cl.'iinirr,  nor  will  it  a(r<'i:l  any  one  ezcipt  him  making  it,  and  those 
claiming  under  him.  rotUr  v.  JluUaud,  MS. — NeL8UN,  iNUKRauLL^  J  J. ; 
Ct,  IMatf. 

4.  Afl^r  stj'^h  a  dlHclnlmer,  a  different  claim  of  right  is  secured  to 
the  discUimaat  from  what  is  purported  to  be  secured  to  the  patentee. 


PATENT  LAWS.  168 


ACT  OP   1837,   CHAP.   45,   §§  7,  8.  IN   FORCE. 

Different  cliiims  of  right  in  the  same  invention  arc  thus  secured  to  dif- 
ferent sectional  owners.     Ibid. 

5.  A  disclaimer,  licforc  it  can  be  received  in  evidence,  must  be  prop- 
erly prowd,  cither  as  an  original  paper,  or  by  a  ccrtitied  copy,  and  if 
received  at  nil,  must  have  full  efil-ct  given  to  it  as  a  disclaimer.  FooU 
V.  Silshy,  1  Blatcht .  450,  4«l.— Nei.son,  J.;  N.  Y.,  1849. 

f).  The  disclaimer  of  part  of  an  invention,  provided  such  disclaimer 
arose  from  inadvertency,  accident,  or  mistake,  will  not  prevent  tiie  pat- 
entee from  embracing  the  part  so  disclaimed,  oma  reissue  of  liis  patent 
Hayden,  Ex  parte,  U^.  (App.  ("as.  >— Merrick,  J.;  D.  C,  ISf.o. 

(d)  1.  The  disclaimer  mentioned  in  this  section  applies  solely  to  suits 
pending  when  the  disclaimer  is  tiled  ;  and  the  disclaimer  mentioned  in 
section  9,  applies  solely  to  suits  brought  after  the  disclaimer  is  filed. 
Wyeth  V.  .S'ton*,  1  Story.  294.— Story,  J.;  Mass.,  18K). 

2.  A  disclaimer  to  be  cflectual  under  this  and  section  9,  must  be  filed 
before  suit  brought.  If  it  is  filed  during  the  pendency  of  the  suit,  tlie 
plaintiff  will  not  be  entitled  to  the  benefit  thereof  in  that  suit  Beed  v. 
Cuttir,  1  Story,  «00.— Stcry,  J.;  Mass.,  1841. 

3.  If  filed  before  suit,  the  plaintiCf  will  be  entitled  to  costs,  if  he  es- 
tablish tliat  a  part  of  his  invention,  not  disclaimed,  has  been  infringed 
by  the  defendant     Ibid.,  600. 

4.  But  whether  filed  before  or  after  suit  brought,  the  plaintiff  will  not 
be  entitled  to  tiie  benefit  thereof,  if  he  has  unreasonably  neglected  and 
delayed  to  file  it.  Such  neglect  or  delay  is  a  good  defence  to  the  suit. 
Ibid.,  COO. 

See  also  Digest  Pat.  Cases,  title  Dbcuaimer  ;  and  notes  to  section 
9  of  this  act. 

Skction  8.  [Repealed  in  part  by  act  of  1861,  §  9.] 
A/id  be  it  further  enacted.,  That,  whenever  application 
shall  be  made  to  the  Commissioner  for  any  addition  of  a 
newly  discovered  improvement  to  be  made  to  an  existing 
patent,  or  whenever  a  patent  sliall  be  returned  for  cor- 
rection and  reissue,  the  specification  of  claim  annexed  to 
every  such  patent  shall  be  subject  to  revision  and  re- 
striction, in  the  same  manner  as  are  original  applications 
for  patents ;  the  Commissi<.mer  shall  not  a<ld  any  such 
improvement  to  the  patent  in  the  one  case,  nor  grant  the 
reissue  in  the  other  case,  until  the  applicant  shall  have 
entered  a  disclaimer,  or  altered  his  specification  of  claim 
in  accordance  with  the  decision  of  the  Conunissioner ; 


164  PATENT   LAWS. 


IN  FORCE.  ACT  OF  1837,   CHAP.   45,   §§  8,  9. 

and  in  all  such  ca.ses,  the  api)licant,  if  dissatisfied  with 
such  decision,  shall  have  the  same  remedy,  and  be  en- 
titled to  the  benefit  of  the  same  privileges  and  proceed- 
ings as  are  provided  by  law  in  tlie  case  of  original 
applications  for  patents. 

This  section  po  fnr  as  it  relates  to  patents  for  additions  to  existing 
patents,  is  repealed  by  iho  act  of  ISCI,  section  9. 

Section  9.  [Enlarging  act  of  1836,  §  15.]  And  be  it 
further  e)Htcte<J^  (any  thing  in  the  fifteenth  section  of  the 
act  to  wliich  this  is  additional  to  the  contrary  notwith- 
standing,) That,  whenever  Ijy  mistake,  aeeident,  or  in- 
advertence, and  without  any  wilful  dcfanlt  or  intent  to 
defraud  or  mislead  the  public,  any  jiatcntee  shall  have  in 
lii.s  specification  claimed  to  be  the  original  and  first  in- 
ventor or  discoverer  of  any  material  or  substantial  part 
of  the  thing  patented,  of  wliich  he  was  not  the  first  and 
original  inventor,  and  shall  have  no  legal  or  just  right  to 
claim  the  same,  in  every  such  ease  the  patent  shall  be 
deemed  good  and  valid  for  so  much  of  the  invention  or 
discovery  as  shall  be  truly  and  bona  fide  his  own  ;  PrO' 
vidtd,  It  shall  be  a  material  and  sulisrimti.al  part  of  the 
thing  patented,  arxl  be  definitely  (listingui--hable  from  the 
other  parts  so  claimed  without  right  as  aforesaid,  (a) 
And  i'very  such  patentee,  his  executors,  a<lministrator9, 
and  assigns,  whether  of  tiie  whole  or  of  a  sectional  in- 
tercBt  therein,  shall  be  entitled  to  maintain  a  suit,  at  law 
or  in  equity  on  sieh  patent  for  any  iidVingeinent  lif  such 
part  of  the  invention  or  discovery  as  shiU  be  A////a  fii/e 
his  own  as  afoiesaid,  notwithstanding  the  .-^pecificatiou 
may  embrace  more  than  he  shall  have  any  legal  right  to 
claim.  (A)     But,  in  every  such  c:u>e  iu  which  a  judg'ucnt 


PATENT  LAWS.  165 


ACT   OF   1837,   CHAP.   45,   §  9. 


or  verdict  shall  be  rendered  for  the  plaintiff,  he  shall  not 
be  entitled  to  recover  co^ts  against  the  defendant,  unle>s 
he  shall  have  entered  at  the  Patent  Oflice,  prior  to  the 
comMiencemcnt  of  the  suit,  a  disclaimer  of  all  tliat  part 
of  the  thing  patented  which  was  so  claimed  without 
right  (c).  Provided^  hoiccver,  That  no  person  bringing 
any  such  suit  shall  be  entitled  to  the  benefits  of  the  pro- 
visions contained  in  this  section,  who  shall  have  unrea- 
sonably neglected  or  delayed  to  enter  at  the  Patent 
Office  a  disclaimer  as  aforesaid,  (d) 

(a)  1.  This  section  couteniplutes  the  rule  of  the  common  law,  that  if 
a  patent  embraces  ditl'erenl  machines,  and  any  one  of  tliem  is  not  new, 
or  was  not  the  invention  of  the  patentee,  or  the  like,  the  whole  patent 
would  be  void,  as  being  then  in  lull  force,  and  therefore  souglit  to  miti- 
gate it  by  providing  that  under  the  cases  therein  mentioned,  the  patent 
sliould  be  good  to  the  extent  of  tlie  ]iatentee's  invention.  Wyeth  v. 
Stone.  1  Story,  28S,  'JSO.— SroRV,  J.;   Mass.,  1840. 

2  It  points  tlirougliout  to  a  single  invention,  as  the  "  thing  pat- 
ented," and  docs  not  justify  the  position  that  one  patent  can  lawt'ully 
include  divers  distinct  and  independent  inventions,  having  no  connec- 
tion with  encli  other,  nor  any  common  purpose.  It  may  therefore  bo 
deemed  a  legislative  recognition  and  adoption  of  the  general  rule  of  law 
in  cases  not  within  its  exceptive  provision.     Ib.d.,  'J90. 

3.  Tliis  section  is  intended  to  cover  "inadvertences  and  mistakes" 
of  law.  as  well  as  inadvertences  and  mistakes  of  fact.     Ibid.,  295. 

4.  Prior  to  the  act  of  l83tJ,  if  the  patentee  claimed  more  than  lie  had 
invented,  his  patent  was  void.  But  under  this  section,  his  patent  is 
not  absolute!}'  void,  because  the  patentee  claims  more  than  he  has 
actually  invented,  but  is  valid  for  as  much  as  is  truly  and  bona  fide  his 
own;  but  to  secure  the  benelits  of  this  section,  the  specification  must 
state  in  what  the  improvement  consists.  Peterson  v.  VrcWcvi,  3  McLean, 
249.— McLean,  J.;  Ohio,  1843. 

(/i)  1.  Prior  to  the  act  of  1S3{>,  a  patent  was  void  if  the  claim  extend- 
ed beyond  the  invention.  Lender  section  G  of  the  act  of  183G,  it  wa.s 
void  if  a  substantial  part  had  been  patented  or  described  in  a  printed 
publication.  Section  15  of  the  same  act  saved  the  patent  from  being 
void,  if  the  patentee  beheved  himself  to  be  the  first  inventor.  Sccti>iu 
9  of  the  act  of  1837,  enlarged  the  right  of  the  patentee,  providing,  not- 
witlistanding  section  15  of  the  act  of  1S36,  that  the  patent  should  not 
be  void,  where  the  patentee  had  acted  in  go<.Kl  faith,  if  through  mistake 
or  inadvertence  he  had  claimed  more  than  ho  had  invented,  and  that  he 
might  maintain  suit  on  the  part  actually  invented  by  liim,  provided  be 


IGfl  PATENT   LAWS. 


IX  FORCE.  ACT  Of   1837,   CHAP.   45,   §  9. 


filed  within  a  reasonable  time,  a  disclaimer  of  the  parts  not  invented 

by  him.     StnWt  v.  Ely.  5  McLean,  84,  85.— McLean,  J.,  Ohio.  1849. 

2.  The  titKtrino  lluit  a  iiarty  may  take  out  a  valid  patent  for  a  com- 
Viination,  and  inohide  in  it  a  right  to  eacli  distinct  improvement,  is  cou- 
firmid  by  the  obvious  intent  of  this  section,  wliich  pives  a  patentee  a 
right  of  action  lor  a  piratical  use  of  any  one  of  hi.s  invented  improve- 
ments, which  is  distinctly  stated  in  his  patent,  though  ho  may  by  mis- 
take, accident,  or  inadvertence,  have  claimed  others  of  which  ho  was 
not  the  inventor.  J'itUi  v.  Whitman,  2  Story,  G21. — Stoby,  J.;  MaAS., 
1843. 

(c)  1.  The  disclaimer  mentioned  in  this  section  applies  solely  to  suits 
brouglit  after  the  disclaimer  is  tiled.  Wyeth  v.  iitonc,  I  Story,  294. — 
i^ronx.  J.;  Mass.,  li«40. 

2.  Where  a  patent  contains  several  claims,  and  the  invention  em- 
braced in  one  seems  to  be  not  new,  or  useless,  the  patentee,  unJer  Ibis 
and  section  "  may  still  maintain  an  action  for  an  infringoment,  although 
ho  did  not,  before  action  brought,  make  a  disclaimer  of  the  part  claimed 
without  riglit;  but  he  will  not  be  entitled  to  costs.  JIaU  v.  Wiiea,  2 
Blalchf.,  I'jS.— NEI.SO.N',  J.;  N.  Y.,  1S51. 

3.  If  in  the  progress  of  n  trial,  it  turns  out  that  a  disclaimer  ought 
to  have  been  made,  the  plaintiff  may  still  recover,  but  will  not  be  en- 
titled to  CoBt."!.      J  bid.,  198. 

4.  A  disclaimer  is  necessary  only  where  the  thing  claimed  without 
right  is  a  material  and  substantial  part  of  the  thing  invented.  If  the 
pan  not  new  is  not  essential  to  the  machine,  and  was  not  introduced 
into  the  fiatcnl  through  wilful  defaidt.  or  intent  to  defraud  or  mislead 
the  public, ^the  want  of  a  disclaimer  affords  no  groiuid  for  invalidating 
Xli>.-  patent.*  J  bid.,  199. 

6.  Under  this  section,  in  an  action  for  infringement,  the  plaintiff 
cannot  ncovor  costs  if  he  has  claimed  any  thing  of  which  he  was  not 
th<-  first  and  original  inventor,  unless  before  suit  brought  he  has  dis- 
claimed such  purl:  and  it  makes  no  difference  whether  the  infringe- 
ment alleged  was  of  or  again.'^t  the  part  so  cinimofi,  but  not  now,  or  of 
•omu  other  part  claimed  in  the  patent.  Hrymour  v.  McCorinick,  19 
How..  IOC— Nki.s<)S,  J.;  .Suj).  Ct.,  18:>«;. 

G.  The  omission  to  diselaim  a  part  not  now,  prevents  a  plaintiff  from 
recovering  ooitN  and  it  makes  no  difforcnco  that  such  part  is  not 
alleged  to  \yv  infringed.     J  hid.,  106 

'.  TliMugli  the  neglect  to  (He  a  disclaimer  until  ndor  suit  brought, 
will  prevent  the  plaintiff  recovering  cost-*,  it  df>es  not  interfere  with  the 
l>ower  of  the  court  t<>  iu<-roai»e  the  verdict  under  section  14  of  the  act 
of  isaa.  Guyon  v.  Srrrell,  1  Ulatchf,  245,  216.— XklsoK,  J. ;  N.  Y., 
1847. 

id)  1.  Thn  plaintiff  will  not  be  entitled  to  the  benoflt  of  ■  disclaimer 
if  he  lias  unrcftHonably  neglected  and  delaye<l  to  (lie  it.  Such  neglect 
or  delay  it  a  g'KMl  <lefenco  to  a  suit.  Hoed  v.  Cutter,  1  Story,  600. — 
Btort,  J.;  Uasa.,  1811. 


PATENT  LAWS.  167 


ACT  Of   1837,   CHAP.  43,    §§  9-11.  m  POECE. 

2.  An  unreasonable  delay  to  enter  a  disclaimer  cuts  off  the  patentee, 
not  only  from  a  right  to  costs,  but  also  from  a  right  of  action.  Brooks 
V.  Bickncll,  .?  McLean.  4 19.— McLean,  J. ;  Ohio,  1844. 

3.  What  is  an  unreasonable  delay  is  a  mi.xerl  question  of  law  and 
fact.  Loss  vigilance  will  be  required  from  an  administrator  than  from 
the  original  inventor.     Ibid.,  449,  450. 

4.  Where  a  patentee  has  unintentionally  claimed  something  which 
was  not  original,  but  has  unreasonably  neglected  to  file  a  disclaimer,  he 
cannot,  under  this  section,  recover  in  an  action  of  infringement,  even 
if  the  defendant  lias  infringed  the  parts  of  his  invention  which  are  new. 
Parker  v.  Stilcf!,  5  McLean,  5G. — Lkavitt,  J.;  Oliio,  is  19. 

5.  Under  this  section,  the  question  of  unreasonable  negligence  or 
delay  in  entering  a  disclaimer  goes  to  the  right  of  the  action;  and  if 
the  delav  .«hows  great  negligence,  the  jury  may  find  the  patent  void. 
IlaUv.  Wiks,  -1  Blatchf,  199.— Nklsok,  J.;  N.  Y.,  1851. 

6.  Where  a  claim  has  been  held  valid  by  the  Patent  Office,  and  has 
been  sanctioned  by  a  court  below,  the  patentee  will  not  bo  guilty  of 
unrcisonablc  tUUiy  in  disclaiming  it  by  waiting  to  obtain  the  decision  of 
the  highest  court  upon  it.  O'ReiUy  v.  Morse.  15  How.,  122.— Taxey, 
Ch.  J.;  Sup.  Ct.,  1S53. 

7.  Under  this  section,  where  a  patentee  claims  more  than  he  haa 
invented,  or  is  entitled  to,  bis  patent  will  still  be  valid  for  what  he  has 
invented,  provided  he  enters  a  disclaimer  of  what  he  has  included  in 
his  patent  which  he  has  not  invented,  without  unreasonable  neglect  or 
delay.     SUsby  v.  Fhote.  20  How.,  387.— Xelsox,  J.;  Sup.  Ct.,  1857. 

See  also  Digest  Pat.  Cases,  title  Disclaimer  ;  and  notes  to  section 
7  of  this  act. 

Section  10.  [Repealed  by  act  of  1861,  §  0.]  And  be 
it  further  enacted^  That  the  Commissioner  is  hereby  au- 
thorized and  empowered  to  appoint  aijents  in  not  exceed- 
ing twenty  of  the  principal  cities  or  towns  in  the  United 
States  as  may  best  accommodate  the  diftcrent  sections  of 
the  country,  for  the  purpose  of  receivinir  and  forwarding 
to  the  Patent  Office  all  such  models,  specimens  of  ingre- 
dients and  raanufoctures,  as  shall  be  intended  to  be  pat- 
ented or  deposited  therein,  the  transportation  of  the 
same  to  be  ch.'irgeabli'  to  the  Patent  fund. 

Section  11.  And  be  it  further  enacted^  That,  instead 
of  one  examining  clerk,  as  provided  by  the  second  section 
of  the  act  to  which  this  is  additional,  there  shall  be  ap- 


168  PATENT   LAWS. 

IN  POUCE.  ACT  or  1837,  cnAP.  46,  §§  11-13. 

pointed,  in  manner  therein  provided,  two  examining: 
clerks,  each  to  n-ceive  an  anmi:il  s.ilary  of  tifteen  humlred 
dollars;  and  also,  an  additional  copying  clerk,  at  an 
annual  salary  of  eight  hundred  tloUars.  And  the  Com- 
missioner is  also  authorized  to  employ,  from  time  to  time, 
as  many  temporary  clerks  as  may  be  necessary  to  execute 
the  copying  and  draughting  required  by  the  first  scclion 
of  this  act,  and  to  examine  and  compare  the  records  with 
the  oriixinals,  who  shall  receive  not  exceeding  seven  cents 
for  every  page  of  one  hundred  words,  and  for  drawings 
and  comparison  of  records  with  originals,  such  reasonable 
compensation  as  shall  be  agreed  upon  or  prescribed  by 
the  Conunissioner. 

The  Commissioner  of  Patents  has  now  tlio  power  to  appoint  exami- 
ners, not  to  exceed  four  in  each  class.     Act  of  18G1,  §  7. 

Sectiox  12.  [Repealed  by  act  of  1801,  §  0.]  Ami  be 
it  further  enacted.  That,  wherever  the  application  of  any 
foreigner  for  a  patent  shall  be  rejected  and  withdrawn 
for  want  of  novelty  in  the  invention,  pursuant  to  the 
seventh  section  of  the  act  to  which  this  is  ;iddiiional,  the 
certificate  thereof  of  the  C'itmniissioiier  shall  be  a  suffi- 
cient warrant  to  lh<'  treasurer  tt)  pay  l)aek  to  such  a[ipli- 
cant  two-thirds  of  the  «luty  he  sh.all  have  paid  into  tlie 
Treasury  on  account  of  such  application. 

The  ri(flit  of  wiih<lr«wal,  bh  to  any  iwirtion  of  the  patent  fee,  in  ap- 
pllcQlionH  made  nubMcijuont  to  Manli  2<1,  18G1,  is  now  taken  away. 
Aclof  IHOl,  ^  9. 

Sbctio.n  IM.  Ami  /"  it  fiirtli'i'  tiiiK'ttiL,  That  in  all 
cas«'H  in  which  an  oath  is  re<juir«d  by  this  act,  or  l)y  the 
act  to  which  this  is  a-ldilional,  if  the  person  of  whom  it 
is  requireil  shall  be  coriH<rientiously  scrupulous  of  taking 
an  oath,  affirmation  may  be  substituted  therefor. 


PATENT  LAWS.  169 


ACT  OP   1837,   CHAP.  45,   §  14. 


1.  The  act  referred  to  is  that  of  183B,  section  6. 

2.  As  to  what  persons  may  administer  this  oath,  when  the  apphcant 
is  without  the  jurisdiction  of  the  United  ijtates,  see  act  of  1&42,  sec- 
tion 4. 

Section  14.  And  be  it  further  enacted,  That  all  moneys 
paid  into  the  Treasury  of  the  United  States  for  patents 
and  for  fees  for  copies  furnished  by  the  Superintendent 
of  the  Patent  Office  prior  to  tlie  passage  of  the  act  to 
which  this  is  additional,  shall  be  carried  to  the  credit  of 
the  Patent  fund  created  by  said  act ;  and  the  moneys 
constitutinc:  said  fund  shall  be,  and  the  same  are  hereby, 
appropriated  for  the  pa}inent  of  the  salaries  of  the  officers 
and  clerks  provided  for  by  said  act,  and  all  other  ex- 
penses of  the  Patent  Office,  inclu'ling  all  the  expendi- 
tures provided  for  by  this  act ;  and  also  for  such  other 
purposes  as  are  or  may  be  hereafler  specially  provided 
for  by  law.  And  the  Commissioner  is  hereby  authorized 
to  draw  upon  said  fund,  from  time  to  time,  for  such  sums 
as  shall  be  necessary  to  carry  into  effect  the  provisions  of 
this  act,  governed,  however,  by  the  several  limitations 
herein  contained.  And  it  shall  be  his  duty  to  lay  before 
Congress  in  the  month  of  January,  annually,  a  detailed 
statement  of  the  expenditures  and  payments  by  him 
made  from  said  fund ;  And  it  shall  also  be  his  duty  to 
lay  before  Congress  in  the  month  of  January,  annually,  a 
list  of  all  patents  which  shall  have  been  granted  during 
the  preceding  year,  designating,  under  proper  heads,  the 
subjects  of  such  patents,  and  furnishing  an  alphabetical 
list  of  the  patentees,  with  their  places  of  residence ;  and 
he  shall  also  furnish  a  list  of  all  patents  which  shall  have 
become  public  property  during  the  same  period  ;  together 
with  such  other  iufoiniation  of  the  state  and  couditioa 
8 


170  PATENT   LAWS. 


IX    FORCE.  ACT   OF    1839,    CHAP.    88,    §§  1,  2. 

of  the  P:itent  Office  as  may  be  useful  to  Congress  or  the 
public. 

Ajiprove<l  March  3(1,  1837. 

The  annual  report  of  tlie  ("ommissioncr  of  Patents  on  meohanics  is  to 
be  prepared  so  that  the  plates  and  drawings  shall  be  comprised  in  one 
volume,  not  to  exceed  eiglit  hundred  pages.     Act  of  1859,  g  4. 


ACT     OF     1839,     CHAPTER     88. 
(5  Statutes  at  Lakge,  353.) 

[This  Act  itill  in  Forer.] 

An  Act  in  addition  to  "An  act  to  promote  the  progress 

of  the  useful  arts." 

SKfrnox  1.  J]e  it  enacted  by  the  Senate  and  House  of 
liejyrcacntativta  of  the  United  States  oj'  America  in  Con- 
ffre-is  fis.ir})iOlid,  That  there  shall  be  appointed,  in  maimer 
provided  in  the  second  section  of  the  act  to  which  this  is 
additional,  two  assistant  e.vaminers,  each  to  receive  an 
annual  salary  of  twelve  hundred  and  tifly  dollars. 

Tltc  CoromiHflioner  of  Patents  hat  now  authority  to  appoint  exami- 
nerH,  not  to  en-efd  four  in  each  class.     Act  of  1801,  tj  7. 

Sbctiox  2.  A/id  be  it  furtfier  enacted.  That  the  Com- 
missioner be  authorized  to  t'mpK)y  temporary  clerks  to 
do  any  necrsnary  Iranscriliing,  whenever  the  current  biisi- 
ncHH  <if  the  olliee  requires  it;  f'ruvidid,  hmrrrfr,  That 
inntcad  of  salary,  a  compensation  shall  bo  allowed,  at  a 
rate  not  greater  than  in  charged  fur  copies  now  furnished 
by  the  office. 

Fee  for  ooj)ip«  is  ten  cent*  per  hundred  words.  Act  of  1836,  §  i. 
Actor  1861,  §  10. 


PATENT  LAWS.  171 


ACT  OP  1839,  CHAP.  88,  §§  3-6, 


Section  3.  And  be  it  further  enacted^  That  the  Com- 
missioner is  hereby  authorized  to  publish  a  classitied  and 
alphabetical  list  of  all  patents  granted  by  the  Patent 
Office  previous  to  said  publication,  and  retain  one  hun- 
dred copies  for  the  Patent  Office  and  nine  hundred  copies 
to  be  dopositod  in  the  library  of  Congress,  for  such  dis- 
tribution as  may  be  hereafter  directed;  and  that  one 
thousand  dollars,  if  necessary,  be  appropriated,  out  of 
the  Patent  fund,  to  defray  the  expense  of  the  same. 

Section  4.  And  be  it  further  enacted,  That  the  sura 
of  three  thousand  six  hundred  and  fifty-nine  dollars  and 
twenty-two  cents  be,  and  is  hereby,  appropriated  from 
the  Patent  fund,  to  pay  for  the  use  and  occupation  of 
rooms  in  the  City  Hall  by  the  Patent  Office. 

Section  5.  yind  be  it  further  enacted.  That  the  sum 
of  one  thousand  dollars  be  appropriated  from  the  Patent 
fund,  to  ho  expended  under  the  direction  of  the  Commis- 
sioner, for  the  purchase  of  necessary  books  fur  the  library 
of  the  Patent  Office. 

Section  6,  [Enlarging  act  of  183G,  §  8.]  And  be  it 
further  enacted.  That  no  person  shall  be  debarred  from 
receiving  a  patent  for  any  invention  or  discovery,  as  pro- 
vided in  the  act  approved  on  the  fourth  day  of  July,  one 
thousand  eight  hundred  and  thirty-six  (a),  to  which  this 
is  additional,  by  reason  of  the  same  having  been  patented 
m  a  foreign  country  more  than  six  months  prior  to  hia 
application :  Provided,  That  the  same  shall  not  have  been 
mtroduced  into  public  and  common  use  in  the  United 
States,  prior  to  the  application  for  such  patent:  And  pro- 
vided, also,  That  in  all  cases  every  such  patent  shall  be 
limited  to  the  term  of  fourteen  years  {b)  from  the  date  or 
publication  of  such  foreign  letters  patent,  (c) 


172  PATENT  LAWS. 


ACT  OF   1830,   CHAP.    88,   §§  6,  7. 


{a)  For  pro\'isioii  referred  to,  see  act  of  1830.  ^  8. 

{b)  Patents  are  now  granted  for  tho  term  of  seventeen  years.  Act 
of  18(Jl,  55  16. 

(c)  1.  The  date  of  a  patent  mav  bo  altered  to  correspond  with  that 
of  a  foreign  patent,  previously  taken  out  by  the  inventor,  where  tho 
mistake  has  not  arisen  from  any  fraudulent  or  deceptive  intention. 
Iktmold\s  Cas^,  4  0])in.,  3;!5.— Ne'i^son,  Atty.-Gen. ;   184-1. 

2.  Under  thi.s  .'^eclion,  if  the  domestic  i)att'nt,  in  a  ca.se  where  a  foreign 
patent  lias  been  previously  obtained,  i)urport.s  to  give  an  exclu.sive 
right  for  fourteen  years  from  its  date,  instead  of  from  the  date  of  tho 
foreign  jwtent,  it  is  void,  as  having  been  issued  without  authority  of 
law ;  but  the  error  is  not  fatal,  and  may  bo  corrected  on  application 
to  tho  Patent  OtDcc.  Smilh  v.  Ely,  6  McLean,  73,  80. — McLea.n,  J.; 
Ohio.  1S49. 

3.  The  proviso  of  this  section  as  to  when  a  homo  patent  shall  bear 
the  date  of  a  foreign  patent,  relates  only  to  such  patents  as  are  applitd 
f(yr  here  after  the  issue  of  a  foreign  patent.  Fraich  v.  l{i>gers,  MS. — 
Ka.ne,  J.;   Pa..  is.-)l. 

4.  Where,  tlicrefore,  an  application  for  a  patent  wa.s  made  in  this 
country  in  April,  1838,  and  acted  on  in  that  month,  but  a  patent  was 
not  actually  is.sued  until  June  'JOtli,  l>s40,  at  whii-h  time  the  patent 
was  dated,  and  a  foreign  patent  was  obtained  in  August,  1838  ;  field, 
■8  the  application  )iere  was  l)cfore  the  foreign  patent,  that  tho  grant  of 
the  j>atont  ht-ro  was  under  tlie  general  ena<tmenl3  of  the  act  of  1836, 
And  its  term  runs  properly  from  its  date.     Ibid. 

b.  A  |)atent  is  not  voitl  Ik-causo  it  does  not,  on  its  face,  Iwar  tho 
some  date  with  a  foreign  patent.  If  it  is  not,  for  any  reason,  exempt 
from  tho  operation  of  the  statute  on  such  subject,  the  only  effect  is  to 
limit  the  raonojKjly  to  fourteen  years  from  tho  dato  of  the  foreign  pat- 
ent.     O'lieilty  V.  Morse,  16  How.,  112.— Taxey,  Ch.  J.;  Sup.  Ct.,  1853. 

SEr-nox  7.  [QtialifyinR  act  of  183C,  g§  7,  15.]  And  be 
{(further  fnarti'd^  That  every  person  or  corj>oration  who 
has,  or  shall  have,  purchased  or  constructed  any  newly 
invented  niarhine,  niaimfacture,  or  comjxisilion  of  matter, 
prior  to  the  application  by  the  inventor  or  diBcovercr  for 
a  patent,  Khali  he  hiM  to  possrss  the  ripht  to  use,  and 
vend  to  others  to  be  u.sed,  the  specitic  machine,  manuOic- 
ture,  or  composition  of  matter,  so  made  or  purchased, 
without  liability  therefor  to  the  inventor,  or  any  other 
jMjrson  interested  in  stirh  invention  ;  and  no  patent  shall 
De  held  to  be  invalid  by  reason  of  such  purchase,  sale,  or 


PATENT   LAWS.  173 


ACT   OF   1839,    CHAP.    88,    g  7. 


use  prior  to  the  application  for  a  patent  as  aforesaid,  ex- 
cept on  proof  of  abaiulonment  of  such  invention  to  the 
public ;  or  that  such  purchase,  sale,  or  prior  use  has  been 
for  more  than  two  years  prior  to  such  application  for  a 
patent. 

1.  This  section,  allowing  the  use  and  sale  of  an  invention  for  two 
years  before  the  application  for  a  patent,  is  in  the  nature  of  a  statute 
of  limitations.  Iloiey  v.  Henry,  3  West.  Law  Jour.,  155. — Woodbury, 
J,;  Mass.,  1845. 

2.  It  virtually  extends  the  patentee's  privilego  to  sixteen  years  in- 
stead of  foiirieon.  AtcCormick  v.  Seymour,  2  Blatchf,  254.— Nelson, 
J.;   N.  Y.,  ISal. 

3.  The  object  of  this  section  is  twofold :  first,  to  protect  the  person 
who  has  used  the  thing  patented  from  any  liability  to  the  patentee,  or 
his  assignee  ;  and  second,  to  protect  the  rights  granted  to  the  patentee 
against  anv  infringement  by  anv  other  person.  McClurg  v.  Kingsland, 
1  How.,  208,  209.— Baldwin,  J. ;  Sup.  Ct..  1 843. 

4.  This  section  relieved  the  patentee  from  the  effect  of  the  former 
laws,  and  their  construction  by  the  court,  while  it  puts  the  person  who 
has  had  such  prior  use  on  the  same  footing  as  if  he  had  a  special 
license  from  the  inventor,  which,  if  given  before  the  application  for  a 
patent,  would  justify  a  continued  use  of  it  after  it  issued,  without 
liability.     Ibid..  209. 

5.  It  is  not  limited  to  patents  for  machines,  manufactures,  and  com- 
positions of  matter,  but  embraces  inventions  for  modes  of  doing  a 
thing,  or  processes,  as  a  new  improvement  in  the  art  of  casting  iron. 
Ibid.,  209. 

6.  This  section  is  not  to  bo  construed  as  confined  to  a  specific  ma- 
chine as  distinguished  from  an  invention  or  thing  patented,  but  the 
words  "  newly  invented  machine,  manufacture,  or  composition  of  mat- 
ter," and  "such  invention,"  mean  the  "invention  patented,"  and  the 
words  "specific  machine"  refer  to  "the  thing  as  originally  patented," 
whereof  the  right  is  secured  by  patent,  but  not  to  any  newly  invented 
improvement  on  a  thing  once  patented.     Ibid.,  210. 

7.  This  section  has  exclusive  reference,  in  respect  to  the  use  of  a 
machine,  to  an  original  patent,  and  not  to  a  renewal  or  reissue  of  it. 
Sdmpson  V.  West  Cluster  R.  B.,  4  How.,  403.— McLean,  J. ;  Sup.  Ct, 
1845. 

8.  This  section  allows  the  use  of  an  invention,  even  with  leave  of 
the  inventor,  for  two  years  before  application  for  a  patent,  without  in- 
validating his  right  to  a  patent;  a  fortiori,  the  use  by  a  third  person, 
or  a  subsequent  inventor,  after  the  invention  and  before  the  issuing  of 
a  patent  to  the  first  inventor,  without  his  consent,  is  no  bar  to  the 
issuing  of  a  patent  to  the  first  inventor.  HUdreaih  v.  Heath,  MS.  (App. 
Cas.)— Gbanch,  Ch,  J.;  D.  C,  1S41. 


174  PATKNT    LAWS. 


IN  rOBCK.  ACT  or  1839,  CBAP.  88,  §§  7,  8. 

9.  Both  before  and  since  the  act  of  1839,  an  inventor  might  exercise 
a  claim  to  an  inciioate  ri^^ht  to  an  invention,  wiiioh  \v;i.s  capabU-  of  be- 
ing perfected  to  an  exclusive  right  by  obt  lining  letters  patent,  ami  the 
public  may  acqniesco  in  such  claim.  Sargeant  v.  SeO'jravt,  2  Curt., 
555. — (,'IRTIS,  J.;   R.  I.,  1855. 

10.  Before  the  act  of  1830,  he  might,  by  way  of  experiment,  brin„ 
the  knowledge  of  his  invention  to  the  public,  at  the  same  time  making 
known  that  lie  was  about  to  apply  for  a  patent;  and  since  the  act  of 
1839,  he  may  sell  any  number  of  his  machines  to  the  public,  during 
any  period  less  than  two  years,  accompanied  by  a  claim  to  the  inchoate 
right  sufficient  to  show  an  intention  not  to  abandon  it  to  the  public. 
Ibid.,  555. 

1 1.  Under  this  section  the  purchaser  must  bo  a  purchaser  from  the 
inventor  himself,  before  his  application  for  a  patent,  and  not  from  a 
wrongdoer,  without  his  knowledge  or  against  his  will.  I'urrsim  v.  Ecujle 
Screw  Co.,  3  Story,  40t>,  407. — Story,  J.;  R.  I.,  Is44.  Ilovey  v.  Ste- 
vens, 1  Wood,  k  Min.,  301. — Wooduchy,  J.;   M.nss.,  ISIG. 

12.  A  surreptitious  knowledge  ami  uso  of  an  invention,  before  the 
appliciition  by  the  inventor  for  a  patent,  does  not.  under  this  section, 
give  any  right  to  continue  to  use  it  after  the  inventor  has  obtained  a 
patent  for  it.  Kendall  v.  Winsor,  21  How.,  330. — D.wiel,  J.;  Sup.  Ct., 
1853. 

13.  The  sale  of  the  product  of  an  invention  is  not  a  sale  of  the  thing 
invented  within  this  Bcction:  the  sale  here  spoken  of  is  a  sale  of  tho 
invention  or  patented  article.  Booth  v.  GareUy,  1  Blatchf ,  250. — N'Eii- 
BO.S-,  J.;  N.  Y.,  1847. 

14.  This  section  gives  no  protection  to  those  who  may  have  seized 
upon  an  invention  or  discovery  disclosed  in  a  patent,  whoso  spociflca- 
lion  may  happen  to  l>e  defective  or  insufficient.  Goodyear  v.  Day,  MS. 
— Grikii,  J.;  N.  J.,  1852. 

15.  This  section  provided  a  remedy  for  cases  where  the  conduct  of 
tho  party,  as  to  the  salo  of  his  inveniiim,  did  not  show  an  actual  aban- 
donment. It  also  secures  tho  rights  of  those  who  may  have  j'unhased 
or  constructed  any  newly  invented  machine,  j>rior  to  the  application 
for  a  patent.     Sontlns  v.  L-jan,  3  Wall.,  Jr. — Grikr,  J.;   Pa.,  18C1. 

IG.  Tho  obvious  construction  of  it  is,  tii.it  a  purchase,  side,  or  prior 
U80,  nhall  not  invalidate,  unless  it  amounts  to  an  abandonment  to  tho 
public.     Itnd. 

Kco  also  I)iOEflT  Pat.  Cases,  title  Prior  Use. 

Se<th).n  8.  Ami  be  it  further  enacted, That  so  much  of 
the  eleventh  sect  ion  of  the  ahovc  recited  act  as  requires 
the  payment  of  three  d<jHar8  to  the  Commissioner  of 
Patents  for  recording  any  assignment,  grant,  or  convey- 
ance of  the  whole  or  uny  part  of  the   interest  or  right 


PATENT   LAWS.  175 


ACT  OP   1839,    CHAP.   88,   §§   8-10.  IN   FORCE. 

under  any  patent,  be,  and  tlie  same  is  hereby,  repealed ; 

and  all  such  assignments,  grants,  and  conveyances  shall, 

in  future,  be  recorded  without  any  charge  whatever. 

Fees  for  recording  assignments  are  again  required,  according  to  cer- 
tain rates,  by  the  act  of  1843,  section  2,  and  the  act  of  18G1,  sec- 
tion 10. 

Section  9.  [Obsolete ;  temporary  enactment.]  A?id  be 
it  further  enacted,  That  a  sum  of  money  not  exceeding 
one  thousand  dollars,  be,  and  the  same  is  hereby,  appro- 
priated, out  of  the  Patent  fund,  to  be  expended  by  the 
Commissioner  of  Patents  in  the  collection  of  agricultural 
statistics,  and  for  other  agricultural  purposes ;  for  which 
the  said  Commissioner  shall  account  in  his  next  annual 
report. 

By  an  act  passed  May  15,  1862,  a  "  Department  of  Agriculture  "  was 
established,  to  which  supervision  of  every  thing  relating  to  agriculture 
was  given.  No  further  provisions  relating  to  agriculture  will  tliere- 
foro  be  inserted. 

Sectiov  10.  [Extending  act  of  1836,  §  16.]  And  be  it 
further  enacted,  That  the  provisions  of  the  sixteenth 
section  of  the  before  recited  act  shall  extend  to  all  cases 
where  patents  are  refused  for  any  reason  whatever,  either 
by  the  Commissioner  of  Patents  or  by  the  Chief  Justice 
of  the  District  of  Columbia,  upon  appeals  from  the  deci- 
sion of  said  Commissioner,  as  well  as  where  the  same 
shall  have  been  refused  on  account  of,  or  by  reason  of, 
interference  with  a  previously  existing  patent ;  and  in  all 
cases  where  there  is  no  opposing  party,  a  copy  of  the  bill 
shall  be  served  upon  the  Commissioner  of  Patents,  when 
the  whole  of  the  expenses  of  the  proceeding  shall  be 
paid  by  the  applicant,  whether  the  final  decision  shall  be 
in  his  favor  or  otherwise. 

1.  An  assigaee  of  an  invention,  by  virtue  of  an  assignment  made 


17«  PATENT  LAWS. 


IK   FORCE.  ACT  OF   183D,   CHAP.   88,   g§  10,  11. 


bcroro  patent  issued,  may  file  a  bill  in  his  own  name  under  section  16 
of  the  act  of  IS.it),  and  thi.'i  section,  against  a  patentee  to  whom  a  pat- 
ent issued,  upon  an  iaterferencc  with  complainant's  assignor,  for  tho 
purpose  of  having  the  patent  so  issued  set  aside,  and  one  granted  to 
the  complainant.  Gaij  v.  Cornell,  1  Blatchf.,  507. — Nei.sos.  J.;  N.  Y., 
1849. 

2.  And  it  will  be  sufficient  if  such  assignment  is  recorded  before 
patent  is  issued.     Ibid.,  509. 

Section  11.  [Amending  act  of  1836,  §  V.]  And  be  it 
further  enacted^  That  in  all  cases  where  an  appeal  is  now 
allowed  by  law  from  the  decision  of  the  Commissioner 
of  Patents  to  a  hoard  of  examiners,  providi-d  for  in  the 
seventh  section  of  the  act  to  which  thi.s  is  additional,  tho 
party,  instead  thereof,  shall  have  a  right  to  appeal  to  the 
Chief  Justice  of  the  District  Court  of  the  United  States 
for  the  Districf  of  Cohmihia  ("),  by  giving  notice  thereof 
to  the  Commissioner,  and  fding  in  the  Patent  Ofticc, 
within  such  time  as  the  Commissioner  shall  appoint  (A), 
hia  reasons  of  apj)eal,  specifically  set  forth  in  writing  (c), 
and  also  paying  into  ilie  Patent  Office,  to  the  credit  of 
the  Patent  fund,  the  sum  of  twenty-five  dollars.  And  it 
shall  be  the  duty  of  said  Chief  Justice,  on  petition,  to 
hear  and  determine  all  such  appeals,  and  to  revise  such 
decisions  in  a  summary  way,  on  the  evidence  produced 
before  the  Commissioner  ('/),  at  such  early  and  conve- 
nient time  as  he  may  appoint,  first  notifying  the  Com- 
misBioner  of  the  time  atnl  pl:ux>  of  hearing,  whose  dtUy  it 
nhall  be  to  give  notice  thereof  to  all  parties  who  aj>i>car 
to  be  intiTcHtcd  therein,  in  such  manner  as  sai<l  jinlge 
shall  prcscrilte.  The  Commissioner  shall  also  lay  before 
the  §aid  judge  all  the  original  papers  and  evidence  in  tho 
case,  together  with  the  grounds  of  his  decision,  fully  set 
forth  in  writing,  touching  all  the  points  involved  by  tho 
reasons  of  appeal,  to  which  the  revision  shall   be  con- 


PATENT  LAWS.  177 


ACT  OF   1839,   CHAP.   88,   §  11.  IN  FOBOE. 

fined,  (e)  And  at  the  request  of  any  party  interested,  or 
at  the  desire  of  the  judijo,  the  Commissioner  and  the 
examiners  in  the  Patent  Office  may  be  examined  under 
oath,  in  explanation  of  the  principles  of  the  machine  or 
other  thing  for  -which  a  patent,  in  such  case,  is  prayed 
for.  (/')  And  it  sliall  be  the  duty  of  said  ju<lge,  after  a 
hearing  of  any  such  case,  to  return  all  the  papers  to  the 
Commissioner,  with  a  certificate  of  his  proceedings  and 
decision,  which  shall  be  entered  of  record  in  the  Patent 
Oflice ;  and  such  decision,  so  certiKed,  shall  govern  the 
further  proceedings  of  the  Commissioner  in  such  case  (ff) ; 
Provided,  hotcever,  That  no  opinion  or  decision  of  the 
judge  in  any  such  case,  shall  preclude  any  person  in- 
terested in  favor  or  against  the  validity  of  any  patent 
which  has  been,  or  may  hereafter,  be  granted,  from  the 
right  to  contest  the  same  in  any  judicial  court,  in  any 
action  in  which  its  validity  may  come  in  question, 

(a)  1.  Appeals  were  afterwards  allowed  to  be  made  to  either  of  the 
assistant  judges  of  the  Circuit  Court  of  the  District  of  Columbia.  Act 
of  August  18th,  183  J,  §  1. 

2.  By  the  act  of  March  :!d,  1863,  section  3.  establishing  the  Supreme 
Court  of  the  District  of  Columbia,  the  justices  of  such  court  were 
clothed  with  the  same  powers  theretofore  exercised  by  ilie  judges  of 
the  Circuit  Court. 

(/-)  1.  The  filing  of  the  reasons  of  appeal  is  essentially  the  appeal 
itself.     Greenoiujh  v.  Clark.  MS.  (App.  Cas.)— Morselu  J.;   D.  C,  1853. 

2.  Where  the  reasons  of  appeal  are  not  filed  within  the  time  pre- 
FCribea  bv  the  Commissioner  of  Patents,  t!ie  right  of  appeal  is  lost. 
Jbid.  Also,  Wade  v.  Matthews,  MS.  (App.  Cas.)— Cbaxch,  Ch.  J. ;  D. 
C,  1850. 

:i.  But  the  Commissioner  may  enlarge  the  time  to  file  such  reasons. 
Justice  V.  Jones,  MS.  (App.  Ca.s.) — Meuiuck.  .1.;   D.  C,  1859. 

4.  An  appeal  cannot  be  made  after  the  time  limited  in  the  notice  of 
appeal.     Li.ton,  Ex  parte,  MS.  (App.  Cas.)— Merkick,  J.;  D.  C,  1860. 

See  also  Digest  Pat.  Cases,  title  Appeals,  B.  1. 

(c)  1.  The  reasons  of  appeal  must  not  be  vague  and  unsatisfactory, 
a's  "  that  the  decision  of  the  Commissiouer  was  in  opposition  to  a  clear 
apprehension  of  the  merits  of  the  case."  Wiml  w.  Ex  parte,  MS.  (App. 
8* 


178  PATENT  LAWS. 


IN  FOBOa.  act  of  1839,  CHAP.  88,  §  11. 


Oas.)— Craxcii,  Ch.  J.;  P.  C,  ISJO.  Douglass  v.  Blakinton,  MS.  (App. 
Cas  ) — Mkurick,  J. ;  D.  C,  ISfij). 

•J.  Xo  reason  of  appeal  can  lie  considered  as  valid,  which  would  not 
ju.«tifv  the  Commissioner  in  refusing  a  patent.  Wade  v.  MaWiewa,  MS. 
(App.'Ca.s.)— (JRAXCH,  Ch.  J.;  D.  C.',  1S,-)(I. 

:'..  No  assignment  is  sutliciently  explicit  which  does  not,  with  reason- 
alile  certainty,  point  out  tlie  precise  matter  of  alleged  error.  Douglass 
V.  BlaJdnton,  MS.  (App.  Cas.) — Mkkrick,  J.;  D.  C,  1859. 

4.  Tlie  reasons  of  appeal  should  be  so  expressed  that  llie  judge  may 
gather  from  their  language  what  is  meant  by  them,  but  tliey  need  not 
be  according  to  any  tcclinical  formula.  Laidky  v.  James,  M6.  (App. 
Cas.)— Merrick,  J.;  D.  C,  18C0. 

See  also  Digest  Pat.  Case.s,  title  Appeals,  B.  4. 

(<f )  1.  The  ([uestions  are  to  be  decided  by  the  judge  according  to  the 
evidence  produced  before  tlie  Conunissiom-r.  \\'anu;r  v.  Goodyear,  MS. 
(App.  Cas.)— Crancu.  Ch.  .1.;  D.  C,  1S4G.  Perry  v.  CorrieU,  M.S.  (App. 
Cas.)- CUANcii.  (  h.  J.;   D.  C,  1847. 

2.  The  jirovisiou  requiring  tlie  judge  to  hear  and  detiTmmo  appe.ils 
"on  the  eviilen.e  iroduced  bcfnre  the  Commissiuiu  r,"  is  to  be  con- 
strued witli  relirti.ce  tu  stciion  7  of  the  act  of  l^;;ii,  providing  that 
rea.-onable  notice  sli;;ll  be  nivcn  both  to  tlie  party  appc  aliug,  and  the 
Commissioner,  "  so  that  they  may  have  an  opportunity  of  furnishing 
such  facts  and  evidence  as  they  may  deem  necessary  to  a  just  deci> 
sion."     /W/z,  Kx  park,  M8.  (.\pp.  Cas) — Mor.sei.l,  J.;   1),  C,  18J3. 

3.  There  is  nothing  in  the  act  of  1839.  wiiicli  takes  away  or  impairs 
that  riglit,  but  there  is  every  rea.son  to  infer  that  it  was  iutcudod  to  bo 
saved  to  the  fullest  extent.     Ibid. 

4.  Where,  tiKrefore,  a  party  has  been  prevented  before  the  Commis- 
sioner  from  producing  his  proofs  to  support  his  claim,  it  is  the  duty  of 
the  judge,  by  reasonable  regulations,  similar  to  those  directed  by  sec- 
tion 12  of  the  act  of  1839,  to  pursue  sucli  a  course,  as  will  afford  the 
party  an  opportunity  to  iirodiic©  such  pro<jrs,  and  he  may  make  an 
order,  authorizing  the  p.trly  to  take  and  (He  his  proofs  as  to  the  origi- 
nnlity  and  utility  of  his  invention.     Ibid. 

{e)  1.  All  the  L-onditions  proscribed  by  ihis  section  must  be  complied 
with  as  ijrere'iuivites  before  the  judge  can  take  jurisdiction.  His  juris- 
diction is  sjH.'cial  and  limited,  and  no  other  power  can  bo  exercised  ex- 
cept that  ex presslv  given.  Llreenotujh  v.  Clark,  MS.  (-^pp.  C.is.) — MoR- 
BKLi.,  .1. ;   \).  C,  185::. 

2.  The  powers  and  jurisdiction  of  the  judges  on  appeal,  are  special 
and  limited,  and  must  bo  oxerci.sed  and  construed  strictly.  J'omeroy  v. 
Counun.  MS.  (.\f,p.  Cas.)— CUANill,  Ch.  .J.;   D.  C,  1842. 

3.  The  j»ower  of  the  justiciB  on  appeal  from  the?  decision  of  the  Com- 
miasiouer  of  Talents  is  contlned  to  the  points  involved  in  the  reasons 
offtpi)eal.  Kejii])i:r,  Kc parte.  MS.  (App.  Cas.) — (Jrancii,  Ch.  J.;  D.  C, 
1841.  Arnnl'lv.  Jlisbr^,  .MS.  (App.  Cas.)- CUA.vcii,  Ch.  J. ;  D.  C,  1841. 
SmiUi  V.  Fiickinger,  M.-J.  (App.  Cas.)— <)aAN'cii,  Ch.  J.;    D.  C,  1843. 


PATENT  LAWS.  179 


ACT  OF   1839,    CUAP.    88,    §§  11,  12. 


Cochrane  V.  Waterman,  MS.  (A pp.  Cas.) — Crancii,  Ch.  J.;  D.  C,  1844. 
Warner  V.  Goodyear,  MS.  (App.  Cas.)— -Craxch,  Gh.  J.;  D.  C,  184";. 
Winslt/w,  Fx  parte,  MS.  (App.  Cas.)-— Cranch,  Ch.  J.;  D.  C,  ISoO. 
Aiken,  Ex  parte,  MS.  (App.  Cas.) — Cbaxcii,  Ch.  J.;  D.  C,  1850.  Bur- 
lew  V.  ffNeil,  MS.  (.Vpp.  Cas.)— Morsell,  J. ;  D.  C,  1853. 

See  also  Digest  Pat.  Cases,  title  Appeals,  B.  2,  3. 

(/)  1.  'J'he  provision  of  this  section  as  to  the  examination  of  the  Com-; 
mi.ssioner,  &c.,  miust  be  considered  in  connection  with  section  7  of  the 
act  of  1S;!6,  as  to  the  powers  of  tlie  old  Board  of  Examiners.  The 
statute  means  that  tlie  e.xjjlanation  may  be  so  full  and  clear  an  expla- 
nation of  the  principles  of  the  thing,  as  to  enable  the  judge  to  weigh 
and  apply  the  evidence  offered,  and  is  not  to  be  hmited  to  a  mere  expo- 
sition of  the  terms  used;  and  such  explanations  the  judge  is  bound  to 
respect  as  a  part  of  the  case.  Richardnon  v.  Hicks,  MS.  (App.  Cas.) — 
MOUSELL,  J.;   D.  C,  1854. 

2.  The  judge  succeeds  to  all  the  authority  conferred  upon  the  Board 
of  Examiners  by  section  7  of  the  act  of  183G,  to  require  of  the  Com- 
missioner and  examiners  information  relative  to  the  subject-matter  un- 
der consideration,  and  to  the  full  extent.  Sttley,  Ex  parte,  MS.  (App. 
Cas.)— Morsell,  J.;  D.  C,  1853. 

3.  The  officer  of  the  Patent  Office  attending  before  the  judge  is  not 
to  be  considered  as  counsel  for  the  Patent  Office,  or  for  either  of  the 
parties,  but  only  attends  to  explain  the  decision  of  the  Commissioner. 
J'lrry  v.  Cornell,  MS.  (App.  Cas.) — Ckancii,  Ch.  J.;  D.  C,  1847. 

(y)  I.  The  provision  that  "the  decision  of  the  judge  shall  govern  the 
further  proceedings  of  the  Commissioner  in  the  case,"'  applies  only  to 
so  much  of  the  case  as  is  involved  in  the  reasons  of  appeal ;  and  the 
appeal  itself  can  only  be  considered  as  an  appeal  to  so  much  of  the 
decision  of  the  Commissioner  as  is  affected  by  such  reasons.  Arnold 
V.  Bishop,  MS.  (App.  Cas.) — Craxch,  <'h.  J.;  D.  C,  1S41. 

2.  If,  therefore,  after  the  judge  shall  have  decided  in  lavor  of  an  ap- 
phcant,  upon  the  points  involved  in  the  reasons  of  appeal,  other  grounds 
remain  for  rejecting  the  claim,  it  would  seem  the  Commissioner  might 
still  reject  it ;  whether  such  new  rejection  would  be  the  subject  of  ap- 
peal ;  query.     Ibid. 

3.  As  to  who  may  appeal,  see  notes  to  section  8,  act  of  183G. 
See  also  Digest  Pat.  Cases,  title  Appeals,  B.  3  and  5. 

Section  12.  [Repealing  act  of  1836,  §  7:  Enlarged  by 
act  of  1861,  §  1.]  Atid  be  it  further  enacted.,  Th:it  the 
Commissioner  of  Patents  shall  have  power  to  make  all 
sach  regulations  in  respect  to  the  taking  of  evidence 
to  be  used  in  contested  cases  before  him,  as  may  be 
just  and  reasonable.     And  so  much  of  the  act  to  which 


180  PATENT   LAWS. 


IN   FOECB.  ACT   OF  1839,    CUAP.    88,    §§  12,  13. 

this  is  additionril,  as  provides  for  a  board  of  examiners,  is 
hereby  repealed. 

1.  The  power  granted  to  tlie  Commissioner  under  this  section  to 
make  rules  as  to  the  taking  of  evident-c,  gives  no  right  to  make  now 
rules  of  evidence,  or  to  make  new  rules  of  law  so  as  to  divest  vested 
rights.     Dyson,  Exports,  MS.  (App.  Cus.)— Dunlop,  J.  ;  D.  C,  ISGC 

•J.  The  rules  as  to  i-vidt/nce,  made  under  this  section  by  the  Commis- 
Bioner  of  Patents,  in  conformity  wilh  the  law,  while  tliey  remain  unabro- 
gated, are  as  binding  as  the  law  itself,  and  as  well  upon  the  Commis- 
sioner as  on  others.  Arnold  v.  Bishop,  MS.  (.Vpp.  Cas.) — Craxch,  Ch. 
J.;  D.  C,  1841.  O'llara  v.  Uawes,  MS.  (App.  Cas.)— MoRiiELL,  J.; 
li.  C,  1859. 

3.  After  a  deposition  has  been  taken  while  the  rules  were  in  force,  a 
revocation  of  thcni  cannot  nllcct  such  deposition.  A  revocation  can 
uOVct  only  subseciiient  proceedings.  Arnold  v.  liuiltop,  MS.  {.Vpp.  Cas.) 
— Ckaxcu,  Ch.  J.;   I>.  C,  Ks-ll. 

4.  The  rules  of  the  I'atent  Office  as  to  taking  evidence,  prescribed 
under  tiiis  section,  must  be  jmt  and  reasonable,  according  to  the  estalv 
lishcd  principles  and  precedents  in  like  cases,  yidtols  v.  Harris,  MS. 
(.Vjjp.  Cas.) — MuitHKLi.,  J. ;   D.  C,  1854. 

6.  The  power  of  tlie  Commissioner  to  make  rules  as  to  evidence  is 
now  extended  to  all  cases  pending  before  the  Patent  0ffit"O.  Act  of 
1601,  g  1. 

Soo  also  Digest  Pat.  Casrs,  title  Evidk.sce,  C.  3, 

Section  13.  [Obsolete:  Kepeale<l  by  act  of  1852,  g  3.] 
Ami  bi  it  fin-f/i<r  t /If rrfaf,  Thai  there  be  paid  annually, 
out  of  the  I*atent  fund,  to  the  said  Chief  Justice,  in  con- 
sideration of  the  duties  herein  im|.<>se<l,  the  sum  of  one 
hiniilred  dollars. 

Ai*}. roved  March  3.1,  1h:i9. 

Thin  Hfvlion  was  ro|K«aipd  by  soclion  3  of  tlic  net  of  18.'t2;  and  it  was 
bImo  provided  that,  m  c.iso  of  an  app«>al  to  the  chief  justice,  or  to  either 
of  tho  ashidUint  juKticcs,  tliero  should  bo  paid  to  the  juilgo  to  whom 
appeal  xhould  \a!  luadu,  tho  $25  ro^piirod  to  be  paid  by  this  section. 
Act  of  ld52,  g  2. 


PATENT   LAWS. 

181 

ACT  OF   1842,   CHAP.   263,  §§  1,  2. 

IN   FORCE. 

ACT     OF     1842,    CHAPTER     263. 
5  Statutes  at  Labge,  543, 

[This  Act  still  in  Force.] 

An  Act  in  addition  to  an  act  to  promote  the  progress  of 

the  useful  arts,  and  to  repeal  nil  acts  and  parts  of  acts 

heretofore  made  for  that  purpose,  (u) 

(a)  Tliis  act  purports,  from  its  title,  to  repeal  all  acts  and  parts  of 
acts  heretofore  made  to  promote  the  progress  of  the  useful  arts ;  but 
though  it  extends  some  of  the  existing  laws  to  new  cases,  it  in  fact  re- 
peals no  act  or  part  of  any  act  whatsoever.  Siitnpson  v.  FoTid,  2  Curt., 
50G.— CcuTis,  J. ;   Mass.,  1855. 

Section  1.  Be  it  enacted  hy  the  Se?iate  and  House  of 
liepresentatives  of  the  United  States  of  America  in  Con- 
gress assembled,  That  the  Treasurer  of  the  United  States 
be,  and  he  hereby  is,  authorized  to  pay  ])ack,  out  of  the 
Patent  fund,  any  sum  or  sums  of  money,  to  any  peison 
who  shall  have  paid  the  same  into  the  Treasury,  or  to 
any  receiver  or  depositary  to  the  credit  of  the  Treasurer, 
as  for  fees  accruing  at  the  Patent  Office  through  niistake, 
and  which  are  not  provided  to  be  paid  by  existing  laws, 
certificate  thereof  being  made  to  said  Treasurer  by  the 
Commissioner  of  Patents. 

Section  2.  [Plxtcnding  act  of  1837,  §  3.]  And  be  it 
fi/rt/ier  enacted,  That  the  third  section  of  the  act  of 
March,  eighteen  hundred  and  thirty-seven,  which  autho. 
rizes  the  renewing  of  patents  lost  i)iior  to  the  fifteenth  of 
December,  eighteen  hundred  and  thirty-six,  is  extended  to 
patents  granted  prior  to  said  fifteenth  day  of  December, 
though  they  may  have  been  los;  subsequently :  Provided, 


183  PATENT  LAWS. 


ACT  OF  1842,  CHAP.  263,   §  3. 


hotcever,  The  same  shall  not  have  been  recorded  anew 
under  the  provisions  of  said  act. 

Sections.  [Obsolete:  Superseded  by  act  of  1 80 1,§  11.] 
And  be  it  farther  enacttJ^  lliat  any  citizen  or  citizens, 
or  alien  or  aliens,  having  resided  one  year  in  the  United 
States  and  taken  the  oath  of  his  or  their  intention  to  be- 
come a  citizen  or  citizens,  who  by  his,  her,  or  their  own 
industry,  genius,  efforts,  and  expense,  may  have  invented 
or  produced  any  new  and  original  design  for  a  manufac- 
ture, whether  of  metal  or  other  material  or  materials,  or 
any  new  and  original  design  for  the  printing  of  woollen, 
silk,  cotton,  or  other  fabrics,  or  any  new  and  original 
design  for  a  bust,  statue,  or  has  relief  or  composition  in 
alto  or  ba<so  relievo,  or  any  new  and  original  impression 
or  ornament,  or  to  be  placed  on  any  article  of  manutac- 
ture,  the  same  being  formed  in  marble  or  other  material, 
or  any  new  and  useful  pattern,  or  print,  or  j)ictnre,  to  be 
either  worked  into  or  worked  on,  or  ])rinted  or  painted 
or  cast  or  otherwiHc  fixed  on,  any  article  of  manufacture, 
or  any  new  ami  original  sha]>e  or  configuration  of  any 
article  of  manufacture  not  known  or  used  by  others  be- 
fore his,  her,  or  their  invention  or  production  thereof, 
and  prior  to  the  time  of  his,  her,  or  their  application 
for  a  patent  therefor,  and  who  shall  desire  to  obtain  an 
exclusive  property  or  right  therein  to  make,  use,  and  sell 
and  vend  the  same,  or  copies  of  the  same,  to  others,  by 
them  to  be  made,  used,  and  sold,  may  make  application 
in  writing  to  the  Connnissioner  of  Patents  ex])ressing 
Buch  desire,  and  the  Commissioner,  on  due  proceedings 
had,  may  grant  a  patent  therefor,  as  in  the  case  now  of 
application  for  a  j>atent :  Provided^  That  the  fee  in  such 
cases  which  by  the  now  existing  laws  would  be  required 


PATENT   LAWS.  183 


ACT  OP  1842,  CHAP.  263,  §§  3-5.  ix  force. 


of  the  particular  applicant  shall  be  one-half  the  sum,  and 
that  the  duration  of  said  patent  shall  be  seven  years,  and 
that  all  the  regulations  and  provisions  which  now  apply- 
to  the  obtaining  or  protection  of  patents  not  inconsistent 
with  the  provisions  of  this  act  shall  apply  to  applications 
under  this  section. 

Section  4.  And  be  it  further  enacted.  That  the  oath 
required  for  applicants  for  patents  may  be  taken,  when 
the  applicant  is  not,  for  the  time  being,  residing  in  the 
United  States,  before  any  minister,  plenipotentiary,  charge 
d'affaires,  consul,  or  commercial  agent  holding  commis- 
sion under  the  Government  of  the  United  States,  or  be- 
fore any  notary  public  of  the  foreign  country  in  which 
such  applicant  may  be. 

Oaths  required  by  act  of  1  S.SG,  section  6 ;  afBrmation  substituted 
therefor  in  certain  cases  by  act  of  1837,  section  13. 

Section  5.  And  be  it  further  enacted,  That  if  any  per- 
son or  persons  shall  paint  or  print  or  mould,  cast,  carve, 
or  engrave,  or  stamp,  upon  any  thing  made,  used,  or  sold, 
by  him,  for  the  sole  making  or  selling  which  he  hath  not 
or  shall  not  have  obtained  letteis  patent,  the  name  or 
any  imitation  of  the  name  of  any  other  person  who  hath 
or  shall  have  obtained  letters  patent  for  the  sole  making 
and  vending  of  such  thing,  without  consent  of  such  pat- 
entee, or  his  assigns  or  legal  representatives ;  or  if  any 
person,  upon  any  such  thing  not  having  been  purchased 
from  the  patentee,  or  some  person  who  purchased  it  from 
or  under  such  patentee,  or  not  having  the  license  or  con- 
sent of  such  patentee,  or  his  assigns  or  legal  representa- 
tives, shall  write,  paint,  print,  mould,  cast,  carve,  engrave, 
stamp,  or  otherwise  make  or  affix  the  word  "  patent,"  or 
the  words  "letters  patent,"  or  the  word  "patentee,"  or 


184  PATENT   LAWS. 


IN   rOUCE.  ACT  OF   1842,   CHAP.   263,   §§  6,  6. 

any  word  or  words  of  like  kind,  meaning,  or  import, 
with  the  view  or  intent  of  imitatiii.t^  or  counterfeiting  the 
Btamp,  mark,  or  other  device  of  the  patentee,  or  sliall 
affix  the  same,  or  any  word,  stamp,  or  device,  of  like  im- 
port, on  any  uni)atented  article,  for  the  purpose  of  de- 
ceiving the  public  («),  he,  she,  or  they,  so  offending,  shall 
be  liable  for  such  offence  to  a  penalty  of  not  less  than  one 
hundred  dollars  (i),  with  costs,  to  be  recovered  by  action 
in  any  of  the  Circuit  Courts  of  the  United  St:ULes,  or  in 
any  of  the  District  Courts  of  the  United  States  having 
the  powers  and  jurisdiction  of  a  Circuit  Court  (c) ;  one- 
half  of  which  i)enalty,  as  recovered,  shall  be  paid  to  tlie 
Patent  fund,  and  the  other  half  to  any  person  or  persons 
who  shall  sue  for  the  same. 

(a)  The  i)Ciialty  incnlioned  in  this  section  is  incurred  as  to  all  arti- 
cles made,  and  having,'  the  word  "patent"  affixed,  with  a  guilty  purpose 
or  intent.     Stephnns  v.  Caldwell,  MS. — Si'Uaoik,  .1.;    Mass.,  18G0. 

(b)  1.  This  section — thow>rli  its  pliraseology,  "a  penalty  of  not  less  than 
one  liundred  dollars,"  is  peculiar — authorizes  llie  inlliitioii  of  a  penalty 
of  juHt  one  hundred  dollars  for  the  offonco  therein  described  and  uo 
more.     Stiwpson  v.  J'ond,  2  Curt.,  LOU. — Ccinis,  J.;   Mass.,  185j. 

2.  The  penalty  may  ho  recovered  in  an  action  of  debt.     IbU.,  506. 

(c)  The  two  years'  limitation  of  suits  for  pi-nalties,  contained  in  sec- 
tion 32  of  the  Crimes  act  of  171)0  (1  Stat,  at  Large,  119),  is  rei>ealod 
by  implication  by  Hcction  4  ot  the  net  of  1839  (5  Slat,  at  Larg*,  3J2), 
which  extends  the  time  to  five  years.     Ihid.,  603. 

SE<-noN  «.  [Superseded  by  act  of  IHIJI,  §  13.]  Afi'l  h<:  it 
further  niucttd.  That  all  patentees  and  assignees  of  pat- 
ents hereafter  granted,  arc  hereby  required  to  stamp, 
engrave,  (»r  cause  to  be  stamped  or  engraved,  o  i  each 
article  veniled,  or  offered  f  )r  .'^ale,  the  dite  of  the  |tatent; 
and  if  any  person  dp  persons,  patentees  or  assijinees,  shall 
neglect  to  do  so,  he,  she,  or  they,  shall  be  liable  to  the 
same  penalty,  to  be  recovered  and  disposed  of  in  the 
manner  specified  in  the  foregcung  fifth  secliun  of  this  act. 

Approved  August  20th,  1842. 


PATENT   LAWS.  185 


ACT   OF   1848,    CHAP.   47,    §   1.  IS   FORCE. 

1.  Under  this  section  it  was  hold,  that  it  was  not  the  selling  tho 
articles  unstamped  that  marlo  the  party  liable  to  tho  penalty,  but  the 
omitting  to  put  the  stump  on.  Palmer  v.  Allen,  MS. — Betts,  J. ;  N.  Y., 
1854. 

2.  The  assignees  of  an  interest  in  a  patent  are  no  more  liable  for 
articles  purchased  and  sold  by  them,  without  the  date  of  the  patent 
stamped  on  them,  than  any  other  persons,  unless  the  articles  were 
manufactured  with  their  connivance.     Ihid. 

3.  Held,  alao,  that  the  penalty  attaches  for  each  separate  article 
sold.     Ibid. 

4.  It  is  necessary  that  each  article  should  be  stamped  with  the  day 
of  the  month,  as  well  as  the  year ;  but  if  this  is  done  it  is  suiricient, 
even  if  tho  word  "patented"  is  abbreviated.  Ilawkij  v.  Bagley,  MS. 
—Betts,  J.;  X.  Y.,  1835. 


ACT    OF    1848,    CHAPTER    47. 

9  Statutes  at  Large,  231. 

[77m  Act  still  in  Force.] 

An  Act  to  provide  additional  examiners  in  the  Patent 

Office,  and  for  other  purposes. 

Section  1.  [Amending  act  of  1836,  §  18.]  £e  it  enacted 
by  the  Senate  and  House  of  Mejyrcsentatives  of  the  United 
States  of  America  in  Congress  assembled,  That  there 
shall  be  appointed,  in  the  manner  provided  in  the  second 
section  of  the  act  entitled  "An  act  to  promote  the  prog- 
ress of  useful  arts,  and  to  repeal  all  acts  and  parts  of 
acts  heretofore  made  for  that  purpose,"  approved  .July- 
fourth,  eighteen  hundred  and  thirty-six,  two  principal  ex- 
aminers,  and  two  assistant  examiners,  in  addition  to  the 
number  of  examiners  now  employed  in  the  Patent  Office; 
and  that  hereafter  each  of  tlie  principal  examiners  em- 
ployed in  the  Patent  Office  shall  receive  an  annual  salary 
of  twenty-five  hundred  dollars,  and  each  of  t!ie  assistant 
examiners  an  annual  salary  of  fifteen  hundred  dollars  (a) : 


186  PATENT  LAWS. 


IS   FORCE.  ACT  OF   1848,    CHAP.   47,    §  1. 

Provided,  That  the  power  to  extend  patents  now  ve8te«l 
in  the  board  composed  of  the  Secretary  of  State,  Com- 
missioner of  Patents,  and  Solicitor  of  the  Treasury,  liy 
the  eighteenth  section  of  the  act  approved  July  fourth, 
eighteen  hundred  and  thirty-six,  respecting  the  Patent 
Office,  shall  hereafter  be  vested  solely  in  the  Commis- 
sioner of  Patents  (/>) ;  and  when  an  application  is  made 
to  him  for  the  extension  of  a  patent  according  to  said 
eighteenth  section,  and  sixty  days'  notice  given  thereof, 
he  shall  reft-r  the  case  to  the  principal  examiner  liaving 
charge  of  the  class  of  inventions  to  which  said  case  be- 
longs, who  shall  make  a  full  report  to  said  Commissioner 
of  the  said  case,  and  particularly  whether  the  invention 
or  improvement  secured  in  the  patent  was  new  and  pat- 
entable when  patented;  and  thereupon  the  said  Commis- 
sioner shall  grant  or  refuse  the  extension  of  said  patent, 
upon  the  same  principles  and  rules  that  have  governed 
said  board  ;  but  no  patent  shall  be  extended  for  a  longer 
term  tlian  seven  years,  (r) 

(a)  1.  Tlic  ('oinniiKiiionor  of  Patents  is  now  aulhorizod  to  appoint, 
from  time  to  time,  exaiuiuerH,  not  to  exceed  four  in  each  clu.s3.  Act 
of  1801,  S5  7. 

2.  .\k  U)  the  jfradation  and  pay  of  examiners  and  clorke  in  the  Pat- 
ent OttHtic,  8eo  act  of  1853,  cliaptcr  07,  section  3.  and  licl  of  1800.  sec- 
tion 5,  and  act  of  IHCI,  section  7. 

(6)  I.  This  act  is  not  a  n-jwai  of  section  18  of  the  act  of  183r,,  pro- 
vidiiif/f  for  Uio  cxteiinion  of  patAMits,  and  tiio  en:iclment  of  a  new  system 
for  that  piirpofe,  but  simply  a  niH-al  of  ho  mucli  of  it  as  related  to  tiie 
action  of  the  StHreUiry  of  State,  and  tJie  ^>^)licitor  of  tiio  Treasury, 
Icaviiijf  the  Commissioner  of  Patents  alone  to  go  on  in  the  execution 
of  llio  duty.      'oU  V.  i'ti/iy.  2  Hlatciif..   173.— Nki.sox,  J.;   N.  Y.,  1^:.2. 

2.  WJiere  an  apiilicaliou  for  an  exlc-nsion  of  a  patent  under  section 
18  of  the  act  of  1830  was  |)endinK  at  the  time  of  the  passage  of  the 
net  of  ls.18,  which  c«nferre<l  upon  the  CornniisHioner  of  Patents  solely, 
tiie  power  previously  voxle<l  in  the  I'oiird  cteate<l  by  the  act  of  1836, 
Jirlil,  that  it  was  not  necessary  to  renew  liie  application,  but  that  the 
CommissioDer  had  the  power  to  go  on  with  the  proceedings  as  having 


PATENT   LAWS.  187 


ACT  OP  IS-IS,  cnAP.  47,  §§  1-4. 


been  already  properly  instiUued,  and  complete  them  by  granting  the 
extension.     Jbid..  473. 

3.  For  reference  to  other  decisions  bearing  upon  the  extension  of 
patents,  see  section  18  of  the  act  of  183G.  and  the  notes  thereto. 

[C)  The  extension  of  all  patents  granted  subsequently  to  March  2d, 
1S61,  except  patents  for  designs,  which  may  be  extended  for  seven 
years,  is  now  prohibited.     Act  of  1861,  §  16. 

Sectiox  2.  [Re-enacted  by  act  of  1861,  §  10.]  And  be 
it  further  enacted,  That  hereafter  the  Commissioner  of 
Patents  shall  require  a  fee  of  one  dollar  for  recording  any 
assignment,  grant,  or  conveyance  of  the  whole  or  any 
p.art  of  the  interest  in  letters  patent,  or  power  of  attor- 
ney, or  license  to  make  or  use  the  thing  patented,  when 
such  instrument  shall  not  exceed  three  hundred  words ; 
the  sum  of  two  dollars  when  it  shall  exceed  three  hun- 
dred and  shall  not  exceed  one  thousand  words;  and  the 
sum  of  three  dollars  when  it  shall  exceed  one  thousand 
words;  which  fees  shall  in  all  cases  be  paid  in  advance. 

The  original  provision  as  to  fees  for  recording  assignments,  was  con- 
tained in  the  act  of  1836,  section  11.  That  section  was  repealed  by 
act  of  1839,  section  8.  Fees  for  recording  were  again  restored  by  this 
section,  which  is  also  re-enacted  in  act  of  1861,  section  10. 

Section  3.  And  be  it  further  enacted,  That  there  shall 
be  appointed,  in  manner  aforesaid,  two  clerks,  to  be  em- 
ployed in  copying  and  recording,  and  in  other  services  in 
the  Patent  Office,  who  .shall  each  be  paid  a  salary  of  one 
thousand  two  hundred  dollars  per  annum. 

Sectiox  4.  And  be  it  further  enacted.  That  the  Com- 
missioner of  Patents  is  hereby  authorized  to  send  by 
mail,  free  of  postage,  the  annual  reports  of  the  Patent 
Office,  in  the  same  manner  in  whicli  he  is  empowered  to 
send  letters  and  packages  relating  to  the  business  of  the 
Patent  Office. 

Approved  May  27th,  1848. 


188  PATENT   LAWS. 


IN   FORCE.  ACT  OP   1849,    CHAP.    108,    §  2. 

ACT     OF     1849,     CHAPTER     108. 
9  Statutes  at  Large,  395. 

[This  Act  still  in  Force.] 

Extract  from  the  act  entitled  "An  Act  to  establish  the 
Home  Department,  and  to  provide  for  the  Treasury 
Department   as  Assistant   Secretary  of  the  Treasury 
and  a  Commissioner  of  the  Customs." 
Section  2.  And  be  it  further  enacted,  That  the  Secre- 
tary of  the  Interior  shall  exercise  and   perform  all  the 
acts  of  supervision  and  appeal  in  regard  to  the  office  of 
Commissioner  of  Patents,  now  exercised  by  the  Secretary 
of  State;   and  the  said  Secretary  of  the  Interior  shall 
sign  all  requisitions  for  the  advance  or  payment  of  money 
out  of  the  Treasury  on  estimates  or  accounts,  subject  to 
the  same  adjustment  or  control  now  exercised  on  similar 
estimates  or  accounts  by  the  First  or  Fifth  Auditor  and 
First  Comptroller  of  the  Treasury. 
Approved  March  3d,  1849. 

ACT    OF     1851,     CHAPTER     32. 
9  Statutes  at  Large,  CI 7. 

[This  Act  still  in  Force] 

Extract  from  the  act  entitled  "An  Act  making  appropria- 
tions for  the  civil  and  diplomatic  expenses  of  govern- 
ment," tfec. 
Section  2.  And  be  it  further  enacted,  That  there  shall 


PATENT  LAWS.  189 


ACT   OP   1852,    CHAP.    107,    §  1.  IN   FORCE. 

be  appointed  and  paid,  in  the  manner  now  provided  by 
law,  two  principal  examiners  and  two  assistant  examiners 
of  patents,  in  addition  to  the  examining  force  now  em- 
ployed in  the  Patent  Office. 
Approved  March  3d,  1851. 

The  Commissioner  of  Patents  is  now  authorized  to  appoint,  from 
time  to  time,  examiners,  not  to  exceed  four  in  each  class.  Act  of 
1861,  §  7. 


ACT    OF    1852,   CHAPTER    107. 
10  Statutes  at  Large,  75. 

[This  Act  still  in  Force.] 

An  Act  in  addition  to  an  act  to  promote  the  progress  of 

the  useful  arts. 

Section  1.  [Enlarging  act  of  1839,  §  11.]  lie  it  en- 
acted  by  the  Senate  and  House  of  Representatives  of  the 
United  States  of  America  in  Congress  asse^nbled,  That 
appeals  provided  for  in  the  eleventh  section  of  the  act 
entitled  "An  act  in  addition  to  an  act  to  promote  the 
progress  of  the  useful  arts,"  approved  March  the  third, 
eighteen  hundred  and  thirty-nine,  may  also  be  made  to 
either  of  the  assistant  judges  of  the  Circuit  Court  of  the 
District  of  Colimabia,  and  all  the  powers,  duties,  and 
responsibilities  imposed  by  the  aforesaid  act,  and  con- 
ferred upon  the  chief  judge,  are  hereby  imposed  and 
conferred  upon  each  of  the  said  assistant  judges. 

1.  By  the  act  of  March  3d,  1863,  the  Circuit  Court  of  the  District  of 
Columbia  was  abolislied,  and  a  Supreme  Court  for  the  District  estab- 
lished ;  and  it  was  provided  by  section  3  of  that  act,  that  the  justices  of 
the  said  Supreme  Court  should  severally  possess  the  powers  aud  exer- 
cise the  jurisdiction  now  possessed  and  exercised  by  the  judges  of  tho 


190  PATENT  LAWS. 


DI   FOUCE.  ACT  OF   1862,   CHAP.    108. 

Circuit  Court.     Under  this  act,  appeals  aro  now  taken  to  the  justioea  of 
the  said  Supreme  Court. 

2.  As  to  appeals,  who  may  make,  and  when,  see  notes  to  sections  7 
and  8  of  the  act  of  183G. 

3.  As  to  tlie  power  of  the  judpos  on  appeal,  and  the  effect  of  their 
action,  see  section  1 1  of  the  act  of  1839,  and  the  notes  thereto. 

Sectiox  2.  And  be  it  further  enacteJ,  That  in  case 
appeal  shall  be  made  to  the  said  chief  judge,  or  to  either 
of  the  said  assistant  judges,  the  Commissioner  of  Patent.^ 
shall  pay  to  siu-h  chief  judge  or  assistant  ju<lge  the  sum 
of  twenty -five  dollars,  iiquired  to  be  paid  by  the  a)»pel- 
lant  into  the  P:itent  Office  by  the  eleventh  section  of  said 
act,  on  said  ajipeal. 

Section  3.  [Repealing  act  of  1839,  §  13.]  And  be  it 
further  iiun-tid.  That  section  thirteen  of  the  aforesaid 
act,  aj»i)roved  March  the  third,  eighteen  hundied  and 
thirty-nine,  is  hereby  repealed. 

Ajjproved  August  30th,  1852. 

ACT    OF     1862,    CHAPTER    108. 

10  Statutes  at  Lakge,  05,  00. 

[ThU  Act  itill  in  Forre.] 

Eitractw  from  the  act  entitled  "An  Act  making  appro- 
priatiotiH  for  the  civil  and  diplomatic  e.x|>en8e8  of  the 
(ioveniment,"  &,c. 

F«»r  compensation  of  tin-  lihrarian  of  the  Patent  Office, 
tw'flvf  hundred  dollars,  to  bi;  paid  out  of  the  1 'at cut 
Fund.  ('/) 

For  books  for  the  library  of  the  Patent  Office,  to  be 
paid  out  of  the  I'atcnl  Fund,  one  thousand  five  htnulred 
dollars. 


PATENT  LAWS.  191 


ACT  OF    1853,    CHAP.    97,    §g  1,  3.  IN   FORCE. 

For  fitting  up  the  librnry  of  the  Patent  Office,  to  be 
paid  out  of  the  Patent  Fund,  two  thousand  dollars. 

For  additional  compensation  to  the  disbursing  clerk 
and  draughtsman  in  the  Patent  Office,  the  sum  of  three 
hundred  dcjllars  each,  to  be  paid  out  of  the  Patent  Office 
Fund;  and  that  hereafter  the  disbursing  clerk  shall  be 
required  to  give  bond,  with  approved  security  in  the  sura 
of  five  thousand  dollars,  conditioned  for  the  faithful  dis- 
charge of  the  duties  of  his  office. 

For  the  compensation  of  two  additional  permanent 
clerks  in  the  Patent  Office,  to  be  appointed  by  the  Com- 
missioner of  Patents,  at  a  salary  of  fourteen  hundred 
dollars  each,  the  sum  of  twenty-eight  hundred  dollars,  to 
be  paid  out  of  the  Patent  Office  Fund. 

Approved  August  31st,  1852. 

(a)  The  s.alary  of  the  hbrarian  is  now  fixed  at  one  thousand  eight 
hundred  dollars.     Act  of  13G1,  §  i. 


ACT    OF    1853,    CHAPTER    97. 

10  Statutes  at  Large,  209,  210,  211. 

[TTiis  Act  still  in  Force.] 

Extracts  from  "An  Act  making  appropriations  for  the 

ci^-il  and  diplomatic  expenses  of  the  Government,"  <fec. 

Section  1.   For  the  purchase  of  books  for  the  library 

of  the  Patent  Office,  to  be  paid  out  of  the  Patent  fund, 

one  thousand  five  hundred  dollars. 

Section  3.  A/id  be  it  further  enacted,  Tiiat  from  and 
after  the  thirtieth  of  June,  eighteen  hundred  and  fifty- 
three,  the  clerks  in  the  Departments  of  the  Treasury, 


192  PATENT  LAWS 


ACT  OP  1855,  CHAP.   175,  §  10. 


War,  Navy,  the  Interior,  and  the  Post  Office,  shall  be 
arrans^ed  into  four  classes,  of  which  class  number  one 
shall  receive  an  annual  salary  of  nine  hundred  dollars 
each,  class  number  two  an  annual  salary  of  one  thousand 
two  hundred  dollars  each,  class  number  three  an  annual 
salary  of  one  thousand  five  hundred  dollars  each,  and 
class  number  four  an  animal  salary  of  one  thousand  eight 
hundred  dollars  each. 

This  section  also  i)rovides  for  eight  clerks  of  the  second 
class,  twelve  (including;  six  assistant  examiners)  of  the 
third  class,  and  one  of  the  fourth  class  ;  and  also  provides 
for  an  increase  of  the  salary  of  the  chief  clerk  to  two 
thousand  dollars. 

Aj^provid  March  3d,  1853. 

1.  Tlio  Coinmi.sHioner  of  Patents  is  now  nnthorizcd  to  appoint  oi- 
aminerw,  not  to  fxceod  four  in  each  class.     Act  of  1801,  §  7. 

2.  Ah  to  llio  juiy  of  examinere,  sco  ulso  net  of  1800,  section  5,  and  act 
of  18G1,  section  7.  * 

3.  Tlio  Halary  of  the  cliief  clerk  ia  now  fixed  at  two  thousand  five 
hiudred  dollarti.     Act  of  1 8(11,  ^  4. 

ACT    OF    185'),    CII  A  P  T  E  U    175. 
10  Statutes  at  Lakgk,  070,  074. 

I  Tfii»  Art  »tiU  in  Ft>rff.] 

EitrartH  from".\n  Ai-t  makin;^  a|Piir<iiiiiationH  for  the 
civil  and  diplomatic  t-xpcnsO't  of  the  ( iovernment,"  <fec. 
Sk'IIo.v  10.  Antl  l>i'  It  J'lirtlti  r  <inir(/(/,  That  there 
shall  he  appointed  and  paid  in  tin;  manner  now  provided 
by  law,  four  pi  incipal  examiners  and  four  assistant  exam- 
iners «»f  jjatcnts,  in  addition  to  the  examining  force  now 
authorized   by  l:iw,  to  be   so  employed   in    the  I'atent 


PATENT  LAWS.  103 


ACT  OF   1866,    CHAP.    129,    §  9. 


Office ;  and  should  the  necessities  of  the  public  service, 
in  the  estimation  of  the  Commissioner  of  Patents,  require 
any  additional  examining  force  to  that  herein  provided, 
previous  to  the  next  session  of  Congress,  there  may  also 
be  appointed  and  paid  in  the  manner  now  provided  by 
law,  in  addition  to  the  foregoing,  not  exceeding  two  prin- 
cipal and  two  assistant  examiners,  who  shall  not  so  con- 
tinue to  be  employed  subsequent  to  the  expiration  of  said 
next  session  of  Congress,  without  further  provision  of 
law. 

The  Commissioner  of  Patents  is  now  authorized  to  appoint  exami- 
ners, not  to  exceed  four  in  each  class.     Act  of  1861,  §  7. 

Section  25.  And  be  it  further  enacted,  Th:»t  the  first 
assistant  examiners  in  the  Patent  Office  shall  be  rated  as 
of  the  fourth  class  of  clerks,  and  the  second  assistant 
examiners,  machinist,  and  librarian  as  of  the  third  class. 

Approved  March  3d,  1855. 

ACT     OF     1856,    CHAPTER    129 
11  Statutes  at  Large,  91. 

[This  Act  still  in  Force.] 

Extracts  from  the  "Act  making  appropriations  for  cer- 
tain civil  e.xpenses  of  the  Government,"  tfcc. 
Section  9.  And  be  it  further  enacted,  That  there  shall 
be  appointed  and  paid,  in  the  manner  now  provided  by 
law,  two  principal  examiners  and  two  assistant  examiners, 
in  addition  to  the  examining  force  now  authorized  by  law 
to  be  so  employed  in  the  Patent  Office. 

For  provision  authorizing  the  appointment  of  examiners  by  the  Com- 
missioner of  Patents,  see  act  of  1861,  section  7. 
9 


194  PATENT    L\\\^. 


ACT  or   1859,    CHAP.    80,    §  4. 


Section  10.  [Obsolete — only  temporary.]  And  be  it 
further  enacted^  That  the  Commissioner  of  Patents  is 
hereby  authori/.c«l  to  pay  those  employed  in  the  United 
States  Piiteiit  Oflioc  from  April  first,  fijxhtcen  hundred 
and  tifty-four,  until  April  first,  eighteen  hundred  and  fifty- 
five,  as  examiners  and  assistant  examiners  of  patents,  at 
the  rates  fixed  by  law  for  these  respective  grades :  Pro- 
vid<  (l,  That  tlie  same  be  pai<i  out  of  the  Patent  Office 
fund,  and  that  the  compensation  thus  paid  shall  not  ex- 
ceed that  received  by  those  duly  enrolled  as  examiners 
and  assi>t.int  examiners  of  patents  for  the  same  period. 

Approved  August  18th,  1856. 


ACT     OF     1  8  5  f» ,    CHAPTER     80. 
11  Statutes  at  Lakoe,  422. 

[Thh  Act  still  in  Force] 

Extract  from  "An  Act  making  approjiriations  for  the  legis- 
lative, executive,  and  judicial  expenses  of  the  Govern- 
ment," <fcc. 

Skotion  4.  And  be  it  further  enacted^  'i'hat  the  Secre- 
tary of  the  Interior  be,  and  ho  is  hereby,  directed  to 
cause  the  annual  report  of  the  Commissii>nc'r  of  Patents 
on  mechanics  hereafter  to  be  matle  to  the  Senate  and 
IIoU!<e  of  Kepresentalives  to  be  prepared  and  submitted 
in  such  mrinner  as  that  the  plates  and  dr.iwings  necssary 
to  illustrate  each  snliject  shall  be  inserted  so  as  to  com. 
prise  the  entire  report  in  one  volume  not  to  exceed  eight 
hundred  pagi-x. 

Approved  March  ad,  IbOO. 


PATENT   LAWS.  195 


ACT  OF   1860,   CHAP.   211,    §  5. 


ACT    OF    1860,    CHAPTER    211. 

12  Statutes  at  Lakge,  110. 

[Ohsolete:   Temporary  Enactment.'] 

Extract  from  "  An  Act  making  appropriations  for  sundry 

civil  expenses  of  the  Government,"  &c. 

Section  5.  Axd  be  it  further  enacted^  That  the  Com- 
missioner of  Patents  is  hereby  authorized  to  pay  those 
employed  in  the  Patent  Office  from  April  first,  eiirhteen 
hundred  and  fifty-five,  until  April  first,  eighteen  hundred 
and  sixty,  as  examiners  and  assistant  examiners  of  pat- 
ents, at  the  rates  fixed  by  law  for  these  respective  grades: 
Provided^  that  the  same  be  paid  out  of  the  Patent  Office 
fund,  and  that  the  compensation  thus  paid  shall  not  ex- 
ceed that  received  by  those  duly  enrolled  as  examiners 
and  assistant  examiners  of  patents  for  the  same  period. 

Approved  June  25th,  1860. 


ACT    OF    1861,    CHAPTER    3Y. 

12  Statutes  at  Large,  130. 

[This  Act  still  in  Force.] 

An  Act  to  extend  the  right  of  appeal  from  the  decisions 
of  Circuit  Courts  to  the  Supreme  Court  of  the  United 
States. 

Section  1.  [Enlarging  act  of  1836,  §  17.]  Beitetjacted 
hy  the  Senate  and  House  of  Rejyresentatives  of  the  United 


190  PATENT   LAWS. 


Df  rOnCE.  ACT  OF   1861,   CHAP.   8S,   §  1. 


Sfaf^'fi  of  America  in  Congress  assembled,  That  from  all 
judfjmonts  and  decrees  of  any  Circuit  Court  rendered  in 
any  aetion,  suit,  controversy,  or  case,  at  law  or  in  equity, 
arising  under  any  law  of  the  United  States  granting  or 
confirming  to  authors  the  exclusive  right  to  their  respec- 
tive writings,  or  to  inventors  tlie  exclusive  right  to  their 
inventions  or  discoveries,  a  writ  of  error  or  appeal,  as 
the  case  may  require,  shall  lie,  at  the  instance  of  either 
party,  to  the  Supreme  Court  of  the  United  States,  in  the 
same  manner,  and  under  the  same  circumstances  as  is 
now  provided  by  law  in  other  judgments  and  decrees  of 
t^uch  Ciri-uit  Courts,  without  regard  to  the  sum  or  value 
in  controversy  in  the  action. 
Approved  February  18th,  1861. 

The  provision  as  to  writs  of  error  or  njipeals  from  judgments  and 
decrees  rendered  in  actions  arising  under  the  patent  laws,  previous  to 
the  passage  of  this  act,  is  contained  in  the  act  of  1836,  section  17. 

ACT    OF    18G1,    CHAPTER    88. 
12  Statutes  at  Largk,  246. 

[This  Act  still  in  Force.] 

An  Act  in  addition  to  "An  act  to  promote  the  progress 
of  the  useful  arts." 

SEf-nox  1.  [P^nlarging  act  of  1830,  §  12. J  Jie  it  en- 
acted hy  the  ScJiale  and  Ilouae  of  Representatives  of  the 
United  States  of  Ameriea  in  Cone/ress  asseml)lrd,  That 
the  Commissioner  of  Patents  may  establish  rules  for 
taking  aflidavits  anrl  depositions  required  in  cases  pend- 
ing in  the  Patent  Office  (a),  and  such  affidavits  and  deposi- 
tions may  be  taken  before  any  justice  of  the  peace,  or 


PATENT   LAWS.  197 


ACT   OP    1861,   CHAP.    83,    §  1. 


Other  officer  authorized,  by  law  to  take  depositions  to  be 
used  in  tlie  courts  of  the  United  States,  or  in  the  State 
courts  of  any  State  where  such  officer  shall  reside ;  and 
in  any  contested  case  (b)  pending  in  the  Patent  Office  it 
shall  be  lawful  for  the  clerk  of  any  court  of  the  United 
States  for  any  District  or  Territory,  and  he  is  hereby 
required,  upon  the  application  of  any  party  to  such  con- 
tested case,  or  the  agent  or  attorney  of  such  party,  to 
issue  subpoenas  for  any  witnesses  residing  or  being  within 
the  said  district  or  territory,  commanding  such  witnesses 
to  appear  and  testify  before  any  justice  of  the  peace,  or 
other  officer  as  aforesaid,  residing  within  tlie  said  district 
or  territory,  at  any  time  and  place  in  the  subpoena  to  be 
stated ;  and  if  any  witness,  after  being  duly  served  with 
such  subpoena,  shall  refuse  or  neglect  to  appear,  or,  after 
appearing,  shall  refuse  to  testify  (not  being  privileged. 
from  giving  testimony),  such  refusal  or  neglect  being 
proved  to  the  satisfaction  of  any  judge  of  the  court  whose 
clerk  shall  have  issued  such  subpoena,  said  judge  may 
thereupon  proceed  to  enforce  obedience  to  the  process, 
or  to  punish  the  disobedience  in  like  manner  as  any  court 
of  the  United  States  may  do  in  case  of  disobedience  to 
process  of  subpcf^na  ad  testificandum  issued  by  such 
court ;  and  witnesses  in  such  cases  shall  be  allowed  the 
same  compensation  as  is  allowed  to  witnesses  attending 
the  courts  of  the  United  States  ('•)  :  Provided,  That  no 
witness  shall  be  required  to  attend  at  any  place  more 
than  forty  miles  from  the  place  where  the  subpoena  shall 
be  served  upon  him  to  give  a  deposition  under  this  law: 
JProvided,  also,  That  no  witness  shall  be  deemed  guilty 
of  contempt  for  refusing  to  disclose  any  secret  invention 
made  or  owned  by  him :  And  2)rovided,  further.  That 


198  PATENT   LAWS. 


IN   FOBCB.  ACT   OF    18G1,   CUAP.    83,    §§  1,  2. 

no  witness  shall  be  deemed  guilty  of  contempt  for  dis- 
obeying any  subpoena  directed  to  him  by  virtue  of  this 
act,  unless  his  foes  for  going  to,  returning  from,  and  one 
day's  attendance  at  the  place  of  examination,  shall  be 
paid  or  tendered  to  him  at  the  time  of  the  service  of  the 
Bubpa'na. 

(a)  Ijy  the  act  of  1839,  section  12,  the  Commissioner  was  empowered 
to  make  regulations  as  to  taking  evidence  in  contested  cases.  This  act 
extends  to  all  cases  pending  in  llie  Patent  OiBce. 

(b)  Whether,  under  this  act,  the  power  to  compel  the  attendance  of 
witnesses  is  not  conlined  to  "contested  cases" — as  cases  of  iuterforence 
— query. 

(c)  Witnesses  are  allowed  one  dollar  and  fifty  cents  per  day,  and  five 
cents  per  mile  travelling  from  their  places  of  residence  to  the  place  of 
trial  or  hearing,  and  five  cents  per  mile  for  returning.  Act  of  185.1, 
ch;ip.  107,  g  '^. 

Section  2.  A/ul  he  it  further  enacted,  That  for  the  pur- 
poses of  securing  greater  uniformity  of  action  in  the  grant 
and  refusal  of  letters  patent,  there  shall  l>e  appointed  by 
the  President,  by  and  with  the  advice  and  consent  of  the 
Senate,  three  examiners-in-chief,  at  an  annual  salary  of 
three  ihousaml  dollars  each,  to  be  composed  of  persons 
of  competent  legal  knowledge  and  scientific  ability,  whose 
duty  it  shall  he,  on  the  written  petition  of  the  a|)plicant 
for  tliat  purpose  being  filed,  to  revise  and  determine  upon 
the  validity  of  decisions  made  by  examiners  when  adverse 
to  the  grant  of  letters  patent ;  and  also  to  revise  and  de- 
termine in  like  manner  upon  the  validity  of  the  decisions 
of  examiners  in  interference  cases,  and  when  recpiired  by 
the  Commissioner  in  applications  for  the  extension  of  pat- 
ents, and  to  perform  such  other  duties  as  may  be  assigned 
to  them  by  tlie  Commissioner;  that  from  their  decisions 
appeals  may  be  taken  to  the  Commissioner  of  Patents  in 
person,  upon  payment  of  the  fee  hereinafter  prescribed ; 
that  the  said  eiaminers-in-cbief  shall  be  governed  in  their 


PATENT  LAWS.  199 


ACT  OP   1861,   CHAP.   88,   §§  3,  4.  IN   FORCE. 

action  by  the  rules  to  be  prescribed  by  the  Commissioner 
of  Patents.  («) 

Sectiox  3.  And  be  it  further  enacted,  That  no  appeal 
shall  be  allowed  to  the  examiners-in-chief  from  the  deci- 
sions of  the  primary  examiners,  except  in  interference 
cases,  until  after  the  application  shall  have  been  twice  re- 
jected (a) ;  and  the  second  examination  of  the  application 
by  the  primary  examiner  shall  not  be  had  until  the  appli- 
cant, in  view  of  the  references  given  on  the  first  rejection, 
shall  have  renewed  the  oath  of  invention  (/>),  as  provided 
for  in  the  seventh  section  of  the  act  entitled  "  An  act  to 
promote  the  progress  of  the  useful  arts,  and  to  repeal  all 
acts  and  parts  of  acts  heretofore  made  for  that  purpose," 
approved  July  fourth,  eighteen  hundred  and  thirty-six. 
Notes  to  §§  2  axd  3. 

(a)  1.  Previous  to  this  act,  all  judicial  acts  done  in  the  Patent  OfiBce 
by  the  primary  examiners  or  the  board  of  appeals  were,  in  intendment 
of  law,  the  judicial  acts  of  the  ('ommissioner,  and  had  no  legal  validity 
until  sanctioned  by  him.  They  were  the  organs  of  the  Commissioner 
to  inquire  and  enlijhten  his  judgment,  and  till  the  Commissioner  gave 
validity  to  their  judicial  acts,  by  his  fiat,  they  had  no  legal  evidence  as 
judgment.  Snowden  v.  Pierce,  MS.  (App.  Cas.) — Dunlop,  J.;  D.  C., 
18G1. 

2.  Under  the  act  of  1861,  the  primary  examiners  and  examiners-in- 
chief  are  recognized  a^  judicial  officers,  acting  independently  of  tlie  Com- 
missioner, who  can  only  control  them,  when  their  judgment  in  due  course 
comes  before  tlie  Commissioner,  on  appeal.     Ibid. 

3.  Their  acts  are  not  tiie  acts  of  the  Commissioner,  but  their  owu 
acts.  They  are  no  longer  mere  organs  of  the  Commissioner,  but  inde- 
pendent officers.  He  can  only  reacli  and  overrule  them,  when  their 
judgments  come  regularly  before  him,  on  appeal.     Ibid. 

4.  Ti:e  Commissioner  can  give  no  judgment  till  the  appeal  reaches 
h'm,  and  this  cannot  be  done  till  the  judgment  of  the  primary  exam- 
iners has  been  submitted  to  the  exaniiners-in-ciiief.     Jbid. 

(o)  The  renewal  oath  dispensed  with  in  all  cases  by  act  of  1SG3,  §  1. 

Sectiok  4.  And  be  it  further  enacted,  That  the  salary 
of  the  Commissioner  of  Patents,  from  and  after  the  pas- 
sage of  this  act,  shall  be  four  thousand  five  hundred  dol- 


200  PATENT  LAWS. 


Df   FOBCK.  ACT  OF   18G1,   CHAP.    88,   §§  4  •?. 

lars  per  annum,  and  the  salary  of  the  chief  clerk  of  the 

Patent  Office  shall  be  two  thousand  five  hundred  dollars, 

and  the  salary  of  the  librarian  of  the  Patent  Office  shall 

be  eighteen  hundred  dollars. 

Previous  to  tliis  act,  the  salary  of  the  Commissiouor  had  been  three 
thou.saud  dollars  per  aunum  (act  of  ls;{6,  section  1);  that  of  tlie  cliief 
clerk,  seventeen  Inindred  dollars  per  atiniira  (act  of  183(5,  section  2); 
and  the  compensation  of  the  librarian,  one  thousand  five  hundred  dol- 
lars jjer  annum  (act  of  1803  ;  act  of  1S55,  section  25). 

Section'  5.  And  be  it  further  enacted,  That  the  Com- 
missioner of  Patents  is  authorized  to  restore  to  the  re- 
spective aj)plicants,  or  when  not  removed  by  them,  to 
otherwise  dispose  of  sucli  of  the  models  belonj^ing  to 
rejected  applications  as  he  shall  not  think  necessary  to  be 
jircserved.  The  8an)e  aiitliority  is  also  t^ivon  in  relation 
to  all  models  ac'coni|)aiiyin<^  applications  tor  desiijns.  He 
is  further  autliuiizcd  to  dispense  in  future  w  ith  models  of 
designs  when  the  design  can  be  sufficiently  represented 
by  a  drawing. 

Skction  6.  [Repealing  act  of  1837,  §  10.]  And  be  it 
further  enacted,  That  the  tenth  section  of  the  act  aj>- 
proved  the  third  of  March,  eighteiii  hundred  and  thirty- 
seven,  authorizing  the  appointment  of  agents  for  the 
transportation  of  models  and  8i)ecimens  to  the  Patent 
Office,  is  hereby  repealed. 

SEcrno.v  7.  And  he  it  further  enartrd,  That  the  Com- 
missioner is  further'anthorized,  from  time  to  time,  to 
a{)point,  in  the  manner  already  ]»rovide<l  for  by  law,  such 
an  adijitional  num])i'r  of  principal  examiners,  first  assist- 
ant examiners,  and  second  assistant  examiners  as  may  bo 
required  to  transact  the  current  business  of  the  office 
with  dispateli,  provided  the  whole  nund)er  of  additional 
examiners  shall  not  exceed  four  of  each  class,  and  tliat 


PATENT   LAWS.  201 


ACT   OF    1861,    CHAP.    88,    §§  8,  9.  IN   FORCE. 

the  total  annual  expenses  of  the  Patent  Office  shall  not 
exceed  the  annual  receipts. 

Section  8.  And  be  it  further  enacted.  That  the  Com- 
missioner may  require  all  papers  filed  in  the  Patent  Oftice, 
if  not  correctly,  legibly,  and  clearly  written,  to  be  printed 
at  the  cost  of  the  parties  filing  such  papers  ;  and  for  gross 
misconduct  he  may  refuse  to  recognize  any  person  as  a 
patent  agent,  either  generally  or  in  any  2>articular  case ; 
but  the  reasons  of  the  Commissioner  for  such  refusal  shall 
be  duly  recorded,  and  be  subject  to  the  approval  of  the 
President  of  the  United  States. 

Sectiox  9.  [Amending  act  of  1836,  §§  7,  12;  and  re- 
pealing in  part  §  13  of  same  act.]  And  be  it  fwrther 
enacted.  That  no  money  paid  as  a  fee  on  any  application 
for  a  patent  after  the  passage  of  this  act  shall  be  with- 
drawn or  refunded  (a),  nor  shall  the  fee  paid  on  filing  a 
caveat  be  considered  as  part  of  the  sum  required  to  be 
paid  on  filing  a  subsequent  application  for  a  patent  for 
the  same  invention,  {h)  That  the  three  months'  notice 
given  to  any  caveator,  in  pursuance  of  the  requirements 
of  the  twelfth  section  of  the  act  of  July  fourth,  eighteen 
hundred  and  thirty-six,  shall  be  computed  from  the  day 
on  which  such  notice  is  deposited  in  the  post  office  at 
Washington,  with  the  regular  time  for  the  transmission 
to  the  same  added  thereto,  which  time  shall  be  indorsed 
on  the  notice ;  and  that  so  much  of  the  thirteenth  section 
of  the  act  of  Congress,  approved  July  fourth,  eighteen 
hundred  and  thirty-six,  as  authorizes  the  annexing  to  let- 
ters patent  of  the  description  and  specification  of  addi- 
tional improvements  is  hereby  repealed,  and  in  all  cases 
where  additional  improvements  would  now  be  admissible, 
independent  patents  must  be  applied  for. 

9* 


202  PATENT   LAWS. 


IX   FORCE.  ACT  OP   1861,   CHAP.    83,    §  10. 

(a)  Tlie  riglit  of  withdrawal  was  given  to  American  applicants  by 
the  act  of  IS.Mi,  section  7  ;  and  was  extended  to  foreigners  by  the  act 
of  1837,  section  12. 

(b)  The  rijrht  of  having  a  caveat  fee  applied  as  part  of  the  sum  to  be 
paid  upon  a  subsequent  ap[ilication,  wa.s  given  by  the  act  of  1836,  sec- 
tion 12. 

Section'  10.  A/id  be  it  furtlier  enacted,  That  all  laws 
now  in  force  fixing  the  rates  of  the  Patent  Office  fees  to 
be  paid,  and  discriminating  between  the  inhabitants  of 
the  United  States  and  those  of  other  countries,  which 
shall  not  discriminate  against  the  inhabitants  of  the 
United  States,  arc  hereby  repealed,  and  in  their  stead 
the  following  rates  are  established  : 

On  filing  each  caveat,  ten  dollars. 

On  filing  each  original  application  for  a  patent,  except 
for  a  design,  fil'teeu  dollars. 

On  issuing  each  original  patent,  twenty  dollars. 

On  every  appeal  from  the  examiner-in-chief  to  the  Com- 
missioner, twenty  dollars. 

On  every  application  for  the  reissue  of  a  patent,  thirty 
dollars. 

On  every  application  for  the  extension  of  a  patent,  fifty 
dollars;  and  fifty  dollar.s  in  addition,  on  the  granting  of 
every  extensicjn. 

On  filing  each  disclaimer,  ten  dollars. 

For  certifie(l  copies  f)f  patents  and  other  papers,  ten 
cents  per  hundred  words. 

''  For  recording  every  assignment,  agreement,  power  of 
f  attorney,  and   f)ther   j»apers   of  three   hundred  words   or 
under,  one  dollar. 

For  recording  every  as8igiif»icnt,  and  other  papers,  over 
three  hundred  and  under  one  thousand  words,  two  dollars. 

For  recording  every  assignment  or  other  writing,  if 
over  one  thousand  words,  three  dollars. 


PATENT  LAWS.  208^^ 


ACT  OF    1861,    CHAP.   88,    §  11. 


For  copies  of  drawings,  the  reasonable  cost  of  making 
the  same. 

Section  11.  [Superseding  act  of  1842,  §  3.]  And  be 
it  further  enacted,  That  any  citizen  or  citizens,  or  alien 
or  aliens,  having  resided  one  year  in  the  United  States, 
and  taken  the  oath  of  his  or  their  intention  to  become  a 
citizen  or  citizens,  who,  by  his,  her,  or  their  own  industry, 
genius,  eftbrts,  and  expense,  may  have  invented  or  pro- 
duced any  new  and   original  design,  or  a  manufacture, 
whether  of  metal  or  other  material   or  materials,  and 
original  design  for  a  bust,  statue  or  bas-relief,  or  compo- 
sition in  alto  or  basso  relievo,  or  any  new  and  original 
impression  or  ornament,  or  to  be  placed  on  any  article  of 
manufacture,  the  same  being  formed  in  marble  or  other 
material,  or  any  new  and  useful  pattern  or  print,  or  pic- 
ture, to  be  either  worked  into  or  worked  on,  or  printed," 
or  painted,  or  cast,  or  otherwise  fixed  on  any  article  of 
manufacture,  or  any  new  and  original  shape  or  configura- 
tion of  any  article  of  manufacture,  not  known  or  used  by 
others  before  his,  her,  or  their  invention  or  production 
thereof,  and  prior  to  the  time  of  his,  her,  or  their  applica- 
tion for  a  patent  therefor,  and  Avho  shall  desire  to  obtain 
an  exclusive  property  or  right  therein  to  make,  use,  and 
sell,  and  vend  the  same,  or  copies  of  the  same,  to  others, 
by  them  to  be  made,  used,  and  sold,  may  make  applica- 
tion, in  writing,  to  the  Commissioner  of  Patents,  express- 
ing such  desire ;  and  the  Commissioner,  on  due  proceed- 
ings had,  may  grant  a  patent  therefor,  as  in  the  case  now 
of  application  for  a  patent,  for  the  term  of  three  and  one- 
half  years,  or  for  the  term  of  seven  years,  or  for  the  term 
of  fourteen  years,  as  the  said  applicant  may  elect  in  his 
application:  Provided.Th'xt  the  fee  to  be  paid  in  such 


204  PATENT   LAWS. 

rx   FORCE.  ACT   OP    1861,    CHAP.    88,    §§  11,   12. 

application  shall  be  for  the  term  of  three  years  and  six 
momh.s,  ten  dollars,  for  seven  years,  fiftcciv.  dollars,  and 
for  fourteen  years,  thirty  dollars:  A/iJ,  provided.  That 
the  patentees  of  designs  under  this  act  shall  be  entitled  to 
the  extension  of  their  respective  patents  for  the  term  of 
seven  years,  from  the  day  on  which  said  patent  shall  ex- 
pire, upon  the  same  terms  and  restrictions  as  are  now 
provided  for  the  extension  of  letters  patent. 

1.  This  act  does  not  require  ufUiti/  in  order  to  seriire  the  benefits  of 
its  provisions.      WoosUrr  \.  Crane,  MS. — Bkxkuict,  J.;   N.  Y.,  18G6. 

2.  But  it  floe?  require  that  the  shajic  produced  shall  be  the  result  of 
iodustry,  effort,  peiiius,  and  i-ipcnffe.     llnd. 

3.  SenibU.  That  the  sliapo  or  i-ontlpiiration  souf^ht  to  be  secured 
pho\ild  be  new  and  original,  ns  npplicd  to  articles  of  manutucture. 
Ibid. 

4.  W.  obtained  a  patent  for  'the  design  and  confijfurntion  of  a  reel" 
for  containinfT  ruffles,  Ac  and  which  consisted  of  two  parallel  disks  of 
pasteboard,  cut  in  the  form  of  a  rhombus,  with  the  corners  rounded, 
and  connected  by  four  wood  cross  pieces,  on  wliicli  the  rulllcs  wore 
wound.  Held,  the  sliape  being  a  well-known  mallieinntical  figure, 
and  a  commfin  one  in  many  articles  of  manufacture,  that  its  application 
to  a  reel  could  not  l>e  said  to  bo  the  result  of  industry,  genius,  efforts, 
and  ex|>ense.     Ibid. 

6.  Under  the  present  practiee  of  the  Patent  omce,  names,  titles,  hill- 
heads,  and  other  matters  inlcndo<l  for  use  as  circulars  or  trade-marks, 
if  printed  in  the  ordinary  iiiuvalilu  ty|>e.  arc  not  held  to  l)e  pateiitabla 
■8  designs. 

6.  But  when  any  such  matter  is  the  special  wnrk  of  an  arti.-^t  for  a 
specillod  i)urp<jse,  as  when  engravecl,  it  may  be  |»atented  as  a  design. 
itencc,  when  n  patent  is  desire<l  for  a  c|c!*ign  to  Ik?  used  as  a  trade- 
mark, it  \b  recommcndod  that  it  siiould  l)e  engraved. 

SKtTlON  12.  [Amending'  act  of  1H.10,  §  18.]  A)t<l  l»  U 
fitrtlicr  cnuittd.  That  all  applicationK  for  patents  shall  bo 
completed  an<l  prepared  for  examination  within  two 
ycara  after  the  filinj^  of  the  petition,  and  in  <lefault  there- 
of, they  shall  be  rcgarcUd  aa  abamloned  by  the  parties 
thereto  ;  uidess  it  be  shown  to  the  satisfaction  of  the  Com- 
missioner of  Patents  that  such  del.ay  was  unavoidable  ; 


PATENT   LAWS.  205 


ACT  OP  1861,  CHAP.  88,  §§  12,  i;{. 


and  all  applications  now  pendint;  shall  he  treated  as  if 

filed  after  the  passage  of  this  act,  and  all  ap])lications  for 

the  extension  of  patents,  shall  be  filed  at  least  ninety 

days  before  the   expiration   thereof;    and  notice  of  the 

day  set  for  the  hearing  of  the  case  shall  be  published,  as 

now  required  by  law,  for  at  least  sixty  days. 

The  previous  provisions  as  to  the  extension  of  patents  are  contained 
in  section  18  of  the  act  of  1830,  and  section  1  of  the  act  of  184S, 
amending  the  former  act  of  1836. 

Section  13.  [Repealing  act  of  1842,  §  C]  And  be  it 
further  enacted^  That  in  all  cases  where  an  article  is 
made  or  vended  by  any  person  under  the  })rotection  of 
letters  patent,  it  shall  be  the  duty  of  such  person  to  give 
sufficient  notice  to  the  public  that  said  article  is  so  patent- 
ed, L'ither  by  fixing  thereon  the  word  patented,  together 
with  tlie  day  and  year  the  patent  was  granted ;  or  when, 
from  the  character  of  the  article  patented,  that  may  be 
im|)racticable,  by  enveloping  one  or  more  of  the  said 
articles,  and  affixing  a  label  to  the  package  or  otherwise 
attaching  thereto  a  label  on  which  the  notice,  with  the 
date,  is  printed ;  on  failure  of  which,  in  any  suit  for 
the  infiingenient  of  letters  patent  by  the  party  failing  so 
to  mark  tlic  article  the  right  to  wliich  is  infringed  upon, 
no  damage  shall  be  recovered  by  the  plaintiff*,  except  on 
proof  that  the  defendant  was  duly  notified  of  the  infringe- 
ment, and  continued  after  such  notice  to  make  or  vend 
the  article  patented.  And  the  sixth -section  of  the  act 
entitled  "An  act  in  addit'on  to  an  act  to  promote  the 
progress  of  the  ustful  arts,"  and  so  forth,  approved  the 
iwenty-nintli  day  of  August,  eighteen  hundred  and  forty- 
two,  be,  and  the  same  is  hereby,  repealed. 

The  act  of  1842  imposed  «  penalty  of  one  liimdrcd  dollars  on  eac? 


206  PATENT  LAWS. 


ACT  or  1861,  cnAP.  88,  §8  14-16. 


article  vended  or  ofTered  for  sale,  not  having  the  date  of  the  patent 
stamped  or  marked  upon  it ;  but  the  neglect  to  do  so  did  not  a(Tect  the 
right  of  tlie  patentee  in  any  action  of  infringement  brought  by  him  un- 
der his  patent. 

Section  14,  [Obsolete:  Kepcalcd  by  act  of  18G2.] 
Atid  be  it  further  enacted,  That  the  Commissioner  of 
Patents  be,  and  lie  is  hereby,  authorized  to  print,  or  in 
his  discretion  to  cause  to  be  printed,  ten  copies  of  the 
description  and  claims  of  all  patents  which  may  hereafter 
be  granted,  and  ten  copies  of  the  drawincrs  of  the  same, 
when  drawings  shall  accompany  the  patents :  Prnvidtil, 
The  costs  of  printing  the  text  of  said  descriptions  and 
claims  shall  not  exceed,  exclusive  of  stationery,  the  sura 
of  two  cents  per  himdred  words  for  each  of  said  copies, 
and  the  cost  of  the  drawing  shall  not  exceed  fifty  cents 
per  copy  ;  one  copy  of  the  above  number  slial!  be  printed 
on  parchment  to  be  affixed  to  the  letters  patent;  the 
work  shall  be  under  the  direction,  and  subject  to  the 
approval,  of  the  Commissioner  of  Patents,  ;ind  the  ex- 
pense of  the  said  copies  shall  be  paid  for  out  of  the 
Patent  fund. 

Section  15.  And  be  it  further  enacted,  That  printed 
copies  of  the  letters  patent  of  the  United  Siat<'s,  with  the 
seal  of  the  l*atent  Office  affixed  thereto  and  certified  and 
signed  by  the  Commissioner  of  I'atents,  shall  be  legal 
evidence  of  the  contents  of  said  letters  patent  in  all 
cases. 

Skction  10.  [M(Hlifying  act  of  1830,  §  5  ;  Sujjerseding 
act  of  1 836,  §  1 8].  And  be  it  further  enacted,  That  all 
patenn  hereafter  granted  shall  remain  in  force  for  the 
term  of  seventeen  years  from  the  date  of  issue;  and  all 
exteueion  of  such  patents  is  hereby  prohibited. 


PATENT  LAWS.  207 


ACT  OP    1862,    CHAP.    182. 


Sectiox  17.  And  be  it  further  enacted,  That  all  acts 
and  parts  of  acts  lieretofore  passed,  which  are  inconsist- 
ent with  the  provisions  of  this  act,  be,  and  the  same  are 
hereby,  repealed. 

Approved  March  2d,  1861. 

ACT    OF     1862,    CHAPTER    182. 

12  Statutes  at  Large,  583. 
»  [Thi3  Act  still  in  Force.] 

An  Act  making  supplemental  appropriations  for  sundry 

civil  expenses. 

[Repealing  act  of  1861,  §  14.]  For  the  fund  of  the 
Patent  Office,  fifty  thousand  eight  hundred  and  fifty-five 
dollars  and  forty-nine  cents,  to  supply  a  deficiency  exist- 
ing under  the  act  of  March  second,  eighteen  hundred  and 
sixty-one,  entitled  "An  act  in  addition  to  an  act  to  pro- 
mote the  progress  of  the  useful  arts:''  Provided,  That 
the  fourteenth  section  of  said  act  be,  and  the  same  is 
hereby,  repealed. 

Approved  July  16th,  1862. 

ACT    OF    1863,    CHAPTER    102. 

12  Statutes  at  Large,  796. 

[TTiis  Act  still  in  Force.] 

An  Act  to  amend  an  act  entitled  "An  act  to  promote  the 

progress  of  the  useful  arts." 

Section  1.  [Repealing  act  of  1836,  §  7,  in  part.]  Be  it 
enacted  by  the  Senate  and  House  of  Hepresentatives  of 


208  PATENT   LAWS. 


VX  FORCE.  ACT  OP   18G3,   CHAP.    102,   §§  2,  3. 

t/^ie  United  Sfates  of  America  in  Congress  assemUed, 
That  so  mucli  of  section  seven  of  the  act  entitled  "Au 
not  to  promote  the  progress  of  the  useful  arts,"  approved 
July  f'lurth,  eighteen  hundred  and  thirty-six,  as  requires  a 
renewal  of  the  oath,  be,  and  the  same  is  hereby,  repealed. 

Section  2.  And  be  it  further  enacted^  That,  whereas 
the  falling  off  of  the  revenue  of  the  Patent  Office  re- 
quired a  reduction  of  the  conij)ensa(ion  of  the  examiners 
and  clerks,  or  other  einphn'ees  in  the  office,  after  the 
thirty-first  day  of  August,  eighteen  hundred  and  sixty- 
one,  that  the  Commissioner  of  Patcr)t8  be,  and  he  is 
hereby,  authorized,  whenever  the  revenue  of  the  office 
will  justify  him  in  so  doing,  to  pay  them  such  suras,  in 
addition  to  what  they  shall  already  have  received,  as  will 
make  their  compensation  the  same  as  it  wa?^  at  that  time. 

Sectio.n  3.  [Extended  by  acts  of  18G4  and  18G5.J  And 
be  it  further  enacted^  That  every  patent  shall  be  dated  as 
of  a  day  not  later  than  six  months  after  the  time  at  which 
it  was  passed  and  allowed,  and  notice  thereof  sent  to  the 
applicant  or  his  agent.  And  if  tht  final  fi-e  for  such 
patent  be  not  paid  within  the  said  six  months,  the  patent 
shall  be  withheld,  and  the  invention  therein  described 
shall  bec(jme  j)ublic  property  as  against  the  applicant 
therefor :  Providrdy  That  in  all  cases  where  patents  have 
been  allowed  previous  to  the  passage  of  tiiis  act,  the 
said  six  months  shall  bo  reckoned  from  the  date  of  such 
passage. 

Approved  March  3d,  1863. 


PATENT   LAWS.  209 


ACT  OF    1864,    CHAP.    159. 


ACT    OF    1864,    CHAPTER     159. 
13  Statutes  at  Large,  194, 

[This  Act  still  in  Force.] 

An  Act  amendatory  of  "An  act  to  amend  an  act  enti- 
tled an  act  to  promote  the  progress  of  the  useful  arts," 
approved  March  third,  eighteen  hundred  and.  sixty- 
three. 

[Enlarging  act  of  1863,  §  3.]  He  it  enacted  by  the  Se}i- 
ate  and  House  of  litpresentatives  of  the  United  States 
of  America  in  Congress  assembled.  That  any  person 
having  an  interest  in  an  invention,  whether  as  the  in- 
ventor or  assignee,  for  which  a  patent  was  ordered  to 
issue  upon  the  payment  of  the  final  fee,  as  provided  in 
section  three  of  an  act  approved  March  third,  eighteen 
hundred  and  sixty-three,  but  who  has  failed  to  make  pay- 
ment of  the  final  fee,  as  provided  by  said  act,  sh:dl  have 
the  right  to  make  the  payment  of  such  fee,  and  receive 
the  patent  withheld  on  account  of  the  non-payment  of 
said  fee,  provided  such  payment  be  made  within  six 
months  from  the  date  of  the  passage  of  this  act :  /V^- 
vided,  That  nothing  herein  shall  be  so  construed  as  to 
hold  responsible  in  damages  any  persons  who  have  man  i- 
factured  or  used  any  article  or  thing  for  which  a  patent 
as  aforesaid  was  ordered  to  be  issued. 
Approved  June  25th,  1864. 


210  PATENT  LAWS. 


ACT   or    18C5,    CHAP.    112. 


ACT    OF    18G5,    CHAPTER    112. 

13  Statutes  at  Large,  533. 

[7%M  Act  stitl  in  Force.} 

An  Act  amendatory  of  "An  act  to  amend  an  act  entitled 
an  act  to  promote  the  j)ron:rePs  of  the  useful  arts,"  ap- 
proved ]\I:irc'h  third,  t-ightet'ii  hunilreil  and  sixty-three. 
[Enlarging:  act  of  18G3,  §  3.]  Be  it  enacted  by  the 
Senate  and  House  of  litjtresentatives  i>f  the  United 
States  of  Anitrira  in  Co/i;/rtss  atinend/lid,  That  any  per- 
son havini^  an  interest  in  an  inventiun,  whether  as  in- 
ventor or  assignee,  for  which  a  patent  was  ordered  to 
issue  upon  the  payment  of  the  linal  f«.'e,  as  proviiled  in 
section  three  of  an  act  approved  March  third,  eighteen 
hunilred  and  si.\ty-three,  but  who  has  failed  to  make  pay- 
ment <»f  the  tin:il  fee,  as  provided  in  said  act,  shall  have 
the  right  to  make  an  application  f\)r  a  patent  for  his  in- 
vention, the  same  as  in  the  case  of  an  original  ap])lic:i- 
tion,  provided  such  application  be  made  within  two  years 
after  the  date  of  the  allowance  of  the  original  applica- 
tion: I*rov ided,  Th'.it  nothing  herein  shall  be  so  construed 
M  to  hold  responsible  in  damages  any  persons  who  have 
niimtifacturcd  or  use<l  any  article  or  tiling  for  which  a 
j)ateNt  aforesaid  was  onli-red  to  issue.  This  .act  shall 
.ipply  to  all  cases  now  in  the  Patent  Office,  and  also  to 
such  as  shall  hereafter  be  filed.  And  all  a<'ts  or  parts  of 
atts  inconsistent  with  this  act  are  hereby  repealed. 
Approved  March  I'.d,  1805. 


F  O  R  M  S' 

UNDER    THE    PATENT    LAWS. 


1.  Caveat. 

2.  Applicatiov  for  Patent,  by  ijrvEXTOR. 

3.  Applicatiox  for  Patent,  by  executor  or  admixistratob. 

4.  Application*  for  Patent  for  a  design. 

6.  Application  for  reissue,  by  patentee. 

0.    Application  for  reissue,  bt  assignee  or  executor. 

7.  Application  for  extension,  by  patentee. 

8.  Disclaimer. 

9    Appeal  to  examiners  in  chief. 

10.  Appeal  to  Commissioner  of  Patents. 

11.  Appeal  to  justices  Supreme  Court  District  Columbia. 

1 2.  Depositions. 

13.  Assignment  op  invention  before  Patent:    Patekt  to  issue 

to  assignee. 

14.  Assignment  of  invention  before  Patent:    P.*.tent  to  issue 

TO  inventor  and  another. 

15.  Assignment  of  entire  or  partial  interest  in  a  Patent. 

16.  Assignment  of  undivided  interest  in  Patent. 

17.  Exclusive  license  to  make  and  use  an  invention. 

18.  LiCKNSB  to   use   an   INVENTION   ON   PAYMENT  OF   ROYALTY. 


1.   Caveat. 


Petition. 
To  THE  Commissioner  of  Patents  : 

The  petition  of  John  Fitch,  of  Philadelphia,  in  the  county  of 
Philadelphia  and  State  of  Pennsylvania, 

Respectfully  represents : 

That  he  has  invented  a  new  and  improved  mode  of  prevent- 
ing steam  boilers  from  burstinjr,  and  that  he  is  now  engaged  in 
making  experiments  for  the  purpose  of  perfecting  the  same,  pre- 


216     FORMS  rXDER  THE  TATENT  LAWS. 


pjirntory  to  his  applying  for  letters  patent  therefor.  He  there- 
fore |)rfty8  tliat  tlie  .siihjoincd  tles(:rij)tioii  of  his  invention  may 
be  filed  as  a  caveat  -in  the  confidential  archives  of  the  Patent 
Ofllce,  apreeably  to  the  ])rovisi(>ns  of  the  act  of  Congress  in  that 
case  made  and  provided;  he  liaving  paid  ten  dollars  iutt)  the 
treasury  of  the  I'nited  States,  and  otherwise  complied  with  the 
requirements  of  the  said  act. 

JOHN  FITCn. 
PuiLADKLPiiiA,  March  1,  1856. 

Description  of  Invention. 

To    ALL    WHOM    IT    MAT    COXCKKN  : 

Be  it  known  that  I,  John  Fitch,  of  Philadelphia,  in  the  county 
of  Philadeli>hia,  and  State  of  Pennsylvania,  have  invented  ft  new 
and  improved  mode  of  previ-nting  steam  boiUrs  from  bursting, 
an<l  that  the  following  is  a  general  description  thereof. 

My  invention  consists  in  making  in  the  upper  part  of  a  steam 
boiler  an  aperture  similar  to  lliat  made  for  the  safety-valve;  and 
in  filling  or  dosing  such  aperture  with  a  plug  or  disk  of  some 
alloy,  which  will  fuse  at  any  given  degree  of  heat,  and  i)erinit 
the  steam  to  escape,  should  the  salety-valve  fail  to  j)erlorm  its 
functions. 

Tlie  steam  boiler  is  constructed  in  any  of  the  known  forms, 
an<l  may  have  applied  to  it  gauge-cocks,  a  salety-valvc.  and  other 
usual  ap|iendages.  To  obviate  any  danger  that  may  arise  froju 
the  adhesion  of  the  safety-valve  or  from  any  other  cause,  1  make 
in  the  top  of  the  boiler  an  opening  similar  to  that  made  for  the 
■afety-valve,  and  I  fill  such  opening  with  a  ping  or  disk  of  fusi- 
ble alloy,  secured  in  any  suthrietit  manner.  Su<'h  fusible  plug 
may  be  made  so  as  to  melt  at  a  given  temperature,  which  will 
be  that  to  w  hich  it  is  desired  to  limit  the  pressure  of  the  steam. 

When  the  temperature  f)f  the  steam  in  the  boiler  rises  to  such 
liuiit,  the  alloy  will  melt  and  allow  the  steam  to  escape,  tliua 
prevenliug  all  danger  of  cx|>loHion. 

JOHN  FITCH. 

Witnesses — 

KoiiEirr  FiLTQN, 
Oliveu  Evanh. 

The  description  in  a  cnvout  need  not  be  as  pnrticui.nr  n«  is  refpiisito 
in  a  Mpixitlctttion;  but  chould  \xi  HulTlcioully  prociso  to  enable  the  Pat- 
ent OISoc  to  judge  aa  to  any  probable  interference  when  a  Bubaequent 
application  ia  filed. 


FORMS   UNDER  THE  PATENT  LAWS.  217 

APPUOATIO.V   rOR  PATENT,    BY  INVENTOR. 


Oath. 

OlTT    AND    CorXTT    OF    PlIlI.ADBI.PniA,   \ 

State  of  Pen'nsylvania,  ^  **' 

On  this  first  day  of  March,  1856,  before  me,  tlie  subscriber,  a 
justice  of  the  peace,  personally  appeared  the  within-named  John 
Fitch,  and  made  solemn  oath  [or  affirmation]  that  he  verily 
believes  liimself  to  be  the  original  and  first  inventor  of  tlie  mode 
herein  described  for  preventinji  steam  boilers  from  bursting,  and 
tliat  he  does  not  know  or  believe  the  same  was  ever  before 
known  or  used  ;  and  that  he  is  a  citizen  of  the  United  States  [or 
in  the  case  of  an  alien,  and  that  he  is  a  native  of  (naming  the 
country),  that  he  has  resided  in  the  United  States  for  the  year 
last  past,  and  has  made  oath  of  his  intention  to  become  a  citizen 
thereof  J. 

: BENJAMIN  FRANKLIN, 

6  CENT  Justice  of  the  Peace. 

:     vat.    REV. 
STAMP. 


2.   Application  fok  Patent,  by  intkntor. 

Petition. 

To  THE  Commissioner  of  Patents: 

The  petition  of  John  Fitch,  of  Philadelphia,  in  the  county  of 
Philadelphia  and  State  of  Pennsylvania, 

RESPECTFtlLLY  REPRESENTS  : 

That  your  petitioner  has  invented  a  new  and  improved  mode 
of  preventing  steam  boilers  from  bursting,  which  he  verily  be- 
lieves has  not  been  known  or  used  prior  to  the  invention  thereof 
by  your  petitioner.  He  therefore  prays  that  letters  patent  of 
the  United  States  may  be  granted  to  him  therefor,  vesting  in 
him  and  his  legal  representatives  the  exclusive  right  to  the  same, 
upon  the  terms  and  conditions  expressed  in  the  act  of  Congress 
in  that  case  made  and  provided ;  he  having  paid  fifteen  dollars 
into  the  treasury,  and  complied  with  the  other  provisions  of  the 
said  act. 

JOHN   FITCH. 

Philadelphia,  January  1,  1857. 
10 


218    FORMS  UNDER  THE  TATEXT  LAWS. 

APPLICATION    FOR   PATENT,    HT   IXVEXTOR. 

Speci/icatioJi. 

To    ALL    ■wnOM    IT    MAY    CONCEBN  : 

Be  it  known  tliat  I,  John  Fitch,  of  Philadelphia,  in  the  county 
of  IMiil;i(kI|)hi;i,  in  the  t^tate  of  Pciins\  jvaniix,  have  invented  a 
new  and  improved  mode  of  preventinj;  uteam  boilers  from  bnrst- 
iiiir  |or,  a  m-w  and  useful  mariii'ie  for  (statinji  the  use  and  title 
of  the  machine);  or,  a  new  and  useful  improvement  on  a,  or  on 
tiie,  machine,  iVc.];  and  I  do  hereby  declare  that  the  following 
is  a  full  and  exact  ilescription  thereof,  reference  bein;;  had  to  the 
accompaiiyiii;;  drawin^xs,  and  to  the  letters  of  reference  marked 
thereon,  uuiking  a  part  of  this  specification. 

Tlie  nature  of  my  invention  consists  in  providinj:  the  upper 
part  of  a  steam  boiler  witii  an  aperture  in  addition  to  that  for 
tlie  safety-valve  ;  whicii  aperture  is  to  be  closed  by  a  pUiji  or 
di>k  of  iiiloy,  which  will  fuse  at  any  given  dejrree  of  heat,  and 
Ii.-rn.it  the  steam  to  escape,  should  the  safety-valve  fail  to  per- 
i'nrm  its  functions. 

To  enable  others  skilled  in  the  art  to  make  and  use  my  inven- 
tion, 1  will  jiroceed  to  describe  its  construction  ami  operation. 
I  c  )n>truet  my  steam  boiler  in  any  of  the  known  forms,  and  a|)- 
piy  thereto  piuge-cocks,  a  s.ifety-valvc,  and  the  other  appenda};<9 
<if  such  boilers;  but  in  onler  to  obviate  the  dan^'er  arisiufi  from 
the  ailiiesion  of  the  safety-valve,  and  from  other  causes,  I  mako 
a  second  opening  in  the  top  of  the  boiler,  similar  to  that  made  tor 
t'le  safety-valve,  lus  shown  at  .\,  in  the  accom|>anyin^;  drawing; 
and  in  this  opening,'  1  insert  a  pluj;  or  disk  of  fusible  alloy,  so- 
eur.n,'  it  in  its  place  by  a  metal  rin^;  and  screws,  or  otherwise. 
This  fusible  metal  1,  in  ^'^'Ueral,  compose  of  a  mi.xture  of  lead, 
till,  and  bismuth,  in  such  pro|)ortions  as  will  insure  its  melting 
at  a  niveu  teiil]ierature,  which  must  be  that  to  which  it  is  in- 
teiide<l  to  limit  the  steam;  and  will,  of  cour.ne,  vary  with  the 
pressure  the  boiler  is  intended  to  sustain. 

I  surround  the  opening  contaiiiin;;  the  fusible  alloy  by  a  tube 
H,  intende<l  to  conduct  olf  any  steam  wluch  may  be  discharged 
therefrom.  Wjieii  tlie  temperature  of  the  steam  in  such  a  boiler 
rises  to  its  assi>:ned  limit,  the  fusible  alloy  will  melt,  ami  allow 
the  steam  to  e»<ape  freely,  thereby  securing  it  from  all  danger 
of  explosinn. 

Wbat  I  claim  as  my  invention,  and  desire  to  secure  by  letters 
pttt»'nt,  is  the  application  to  steam-boilers  of  a  fusible  alloy 
which  will  melt  at  a  given  temperature,  and  allow  the  steam  to 
escape,  an  herein  described,  using  for  that  purpose  the  aforesaid 


FORMS  UNDER  THE   PATENT  LAWS.  219 

APPLICATION   FOR   PATENT,    BY   INVENTOR. 

metallic  compound,  or  any  other  substantially  the  same,  and 
which  will  produce  the  intended  effect. 


JOHN    FITCH. 


Witnesses — 

ROBEKT    FlI.TON, 

Oliver  Evans. 


Oath. 


ClTT    AND    CorNTT    OF    PuiLAnELPniA,  ) 

State  of  Pennsylvania,  \ 

On  this  first  day  of  January,  1857,  beft)re  me,  the  subscriber, 
a  Justice  of  the  peace,  personally  appeared  the  within-named 
John  Fitcli,  and  made  sok-mn  oatli  [or  attirmationj  that  he  verily 
believes  himself  to  be  the  ori<:cinal  and  first  inventor  of  the  modo 
herein  described  for  preventing  steam  boilers  from  bursting,  and 
that  he  does  not  know  or  believe  tiie  same  was  ever  before 
known  or  used;  and  that  he  is  a  citizen  of  the  United  States  [or 
citizen  or  subject  of  other  country,  as  the  case  may  be]. 

: BENJAMIN  FRANKLIN, 

:    6  OEJ.T     :  Justice  of  the  Peace. 

:  1ST.  EEv.  : 

:        BTA>lr. 


If  the  application  is  made  through  a  solicitor  or  other  person,  there 
will  be  required  a  Power  of  Attorney,  which  may  be  as  follows 

Poxner  of  Attorney. 

Know  all  Men  by  these  Presents,  That  I,  John  Fitch, 
hereby  constitute  and  ai)|i()int  Robert  Morris,  of  tlie  city  of 
Philadelphi;!,  or  his  accroditod  a;;ent,  my  Attorney,  to  prosecute, 
beft>re  the  Patent  Ofiice  of  the  United  States,  the  accompanying 
application ;  to  alter  or  modify  the  Specification  and  Claim 
therein  as  may  be  necessary,  and  as  he  may  deem  expedient;  to 
receive  any  Letters  Patent  which  may  be  granted  therefor;  and 
to  do  all  things  proper  and  necessary  in  the  premises,  witii  full 
power  of  substitution  and  revocatiiin. 

Witness  my  baud,  this  first  day  of  January,  a.  d.  1857. 

:   WcRNT    i  JOHN  FITCH. 

:     I>T.    BKV. 

BTAMP.     : 


220  FORMS   UNDER  THE  PATENT  LAWS. 

ATPUCATION   TOR  PATENT,  BT   KIECCTOR  OR   AD«rsI8T!tAT0R. 
— ■ ^> 

.3.   ^Vppucation  fob  Patent,  by  executor  or  admin- 
istrator OF  INTENTOR. 

J*etitio?i. 
To  THE  Commissioner  of  Patents  : 

The  petition  of  Pwobort  Morris,  of  Pliiladolpbiii,  in  the  county  of 
Phiimlflpliia,  and  State  of  Pennsylvania,  executor  of  John 
Fitch,  of  the  same  place, 

Respectfully  represents: 

Tliat,  as  your  petitioner  is  informed  and  believes,  John  Fitch, 
late  of  said  city,  was,  during  his  lifetime,  the  IJrst  and  original 
inventor  of  a  new  and  impr()Ve<l  mode  of  preventing  steam 
boilers  from  bursting,  which  your  petitioner  believes  had  not 
been  known  or  used  i>rior  to  the  invention  thereof  by  said 
Joiin  Fitch. 

.That  said  John  Fitch  died,  at  the  said  city  of  Philadelphia,  on 
or  about  the  first  day  of  January,  1857,  and  tiiat  your  petitioner, 
upon  due  ami  projier  jfroceeilings  being  had,  and  having  com- 
]ilied  with  all  tlie  reqiiirenieiits  of  the  law  in  such  capcs  made 
and  provided,  was  appointed  executor  [or  administrator  of  the 
goods  and  ellectsj  of  liiin,  said  Fitch. 

Your  petitioner  theret'ore  prays  that  letters  patent  of  the 
I'nited  States  may  be  granted  to  him  therefor,  vesting  in  him, 
in  trust  for  the  lieirs  at  law  [or  devisees]  of  said  Fitch,  the  exclu- 
sive right  to  tiie  said  invention,  upon  the  terms  and  condition 
expressed  in  the  act  of  Congress  in  that  <"»ise  made  and  pro- 
vided ;  he  having  paid  Jifteen  dollars  into  the  treasury,  and 
complied  with  the  other  provisions  of  the  said  act. 

KOIJKKT  MOliKlS, 

Executor  of  John  Fitch. 

PaiLADBLrniA,  July  1,  1857. 

Specification. 

To    ALL    WnOM    IT    MAT    CONrERN  : 

Ho  it  known  that  John  Fitcli,  of  Philade]|)hia,  in  tlie  connty 
of  Philatleipliia,  and  State  of  Pennsylvania,  invented  a  now  and 
improved  mode  of  preventing  steam  boilers  from  bursting,  and 
that  the  following  is  a  full  and  exact  description  thereof,  refer- 


FORMS   UNDER  THE   PATENT  LAWS.  821 

APPUCAnOK   FOR  PATENT  FOE  A   DESIGN. 

ence  being  liad  to  tlie  acodinpanying  drawiiifrs  and  to  the  letters 

of  reference  niarke<l  thereon,  inakinjr  a  part  of  this  specification. 

Tlie  nature  of  tiio  said  invention,  &,c.     [Tlie  speciiication  will 

be  the  same  as  before,  except  that  it  will  be  in  tlie  tliird  person.] 

'  KOBERT  MORRIS, 

Witnesses —  Executor  of  John  Fitch. 

Robert  FcLTON, 
Olivkk  Evans. 

Oath. 

City  and  Covxtt  of  PniLADELPniA,  ) 

State  of  Penxstlvaxia,  \  **' 

On  this  first  day  of  July,  1857,  before  me,  the  subscriber,  a 
justice  of  the  peace,  personally  appeared  the  within-nained 
Robert  Morris,  and  made  solemn  oath  [or  atfirmationj  that  ho 
is  the  e.xeeutor  [or  administrator]  of  John  Fitch,  deceased,  late 
of  said  city  and  State,  tliat  he  verily  believes  the  said  John 
Fitch  was  the  ori).'inal  and  first  inventor  of  the  mode  herein  de- 
scribed for  preventin;.,'  steam  boilers  from  burstinj^;  and  that  he 
does  not  know  or  believe  the  same  was  ever  known  or  used  be- 
fore the  invention  thereof  by  said  John  Fitch  :  and  that  the  said 
John  Fitch  was,  and  the  said  Robert  Morris  is,  a  citizen  of  the 
United  States. 

: BENJAMIN  FRANKLIN, 

:    5  CKNT  Justice  of  the  Peace. 

.     INT.    BKV.     : 
:         STAMP. 


4.   Application  for  Patext  for  a  design. 
Petition. 

To   THE    COMMISSIOXER   OF   PaTENTS  : 

The  petition  of  Benjamin  West,  of  the  city  and  county  of  Phila- 
delphia and  State  of  Pennsylvania, 

Re3PE0TFULI,Y    REPRESENTS  : 

That  your  petitioner  has  invented  or  produced  a  new  and 
original  design  or  pattern  for  carpets  [or  design  for  a  trade- 
mark], which  he  verily  believes  has  not  been  known  prior  to 


222  FORMS  UNDER  TEIE  PATENT  LAWS. 

APPLICATION   FOB   PATENT   FOB   A   DESIGN. 

tlie  production  tliereof  by  your  petitioner.  He  therefore  prays 
tliat  let'ers  |)aten^of  tlie  United  States  may  he  pranted  to  liiin 
therefor,  for  the  term  of  three  and  a  liaif  [or  seven,  or  fourteen] 
years,  vestinj;^  in  liim  and  his  lejral  representatives  the  exehisivo 
ripht  to  the  same,  upon  the  terms  and  conditions  e.\[)ressed  in  • 
the  act  of  C'onj;ress  in  that  case  made  and  provided,  lie  having 
paid  ten  [or  fifteen,  or  thirty]  doHars  into  tlie  treasury  and  com- 
plied with  the  other  provisions  of  the  said  act. 

BENJAMIN  WEST. 
PiiiLADKLPiiiA,  January  1,  18G6. 

Sj^eciji  cation. 

To    ALL    WnOM    IT    MAY    CONCERN  : 

Be  it  known  that  I,  Benjamin  West,  of  the  city  of  Philadel- 
phia, in  the  county  of  Philadelphia  and  State  of  Pennsylvania, 
Lave  originated  and  designed  a  new  j)attern  for  carpets  or  other 
fabrics  [or  desij^n  for  a  trade-mark],  of  which  the  fullowin;;  is  a 
full,  clear,  and  exact  description,  reference  beinjr  had  to  the  ac- 
companying specimens  or  drawings,  making  i)art  of  this  speciti- 
cati(m. 

[Here  follows  a  descripti(jn  of  the  design,  with  reference  to 
the  Kpecimeu  or  drawing,  the  !»pecifiealion  to  conclude  aa  fol- 
lows :J 

Claim. 

"What  I  claim  as  my  invention  and  desire  to  secure  by  letters 
patent,  is  the  design  or  pattern  for  carpets  or  other  fabrics  [or 
design  for  a  trade- mark]  herein  set  forth. 

J5ENJAMIN  WEST. 
Witnesses — 

NoAii  Wehstku, 
Natiianiei.  HowniTCH. 

Oa(/i. 

City  and  Cuinty  of  Pjiii.ADEi.rniA,  ) 

State  of  Pennsylvania,  (     * 

On  this  rir»<t  day  of  January,  IKfif;,  before  the  subscriber,  a  jus- 
tice of  t lie  ])i-ace.  I'crsonally  appeared  the  within-named  Henjamin 
West,  and  made  solemn  oath  [or  allirmation,  as  the  case  may  he] 
that  ho  verily  believes  himself  to  be  the  original  and  lirst  inven- 


FOPwMS  UNDER  THE   PATENT  LAWS.  223 

APPLICATION   FOR   RKISSUE,  BY   OniOINAL   PATENTEE. 
V 

tor,  or  producer,  of  the  design  or  pattern  for  carpets  [or  desifjn 
for  a  tradc-inurk]  heroin  described,  and  that  he  does  not  know 
or  believe  that  the  same  was  ever  before  known  or  used,  and 
that  lie  is  a  citizen  of  the  United  States. 

'• BENJAMIN  FRANKLIN, 

:    6  CENT    :  Justice  of  the  Peace. 

:     INT.    RKV.     ; 

:    BTAMP.     : 


5.   Appucation  por   reissue,  by  the   original 
patentee. 

Petition. 

To  THE  Commissioner  of  Patents: 

The  petition  of  Samuel  Morey,  of  Philadelphia,  in  the  county 
of  Philadelphia  and  State  of  Pennsylvania, 

Respectfully  bepuesents : 

That  he  did  obtain  letters  patent  of  the  United  States  for  an 
improvement  in  the  boilers  of  steam-engines,  which  letters 
patent  are  dated  on  the  tirst  day  of  March,  1850  ;  that  he  nov,- 
believes  that  the  same  are  inoperative  and  invalid  by  reason  of 
a  defective  specitication,  which  defect  has  arisen  from  inadvert- 
ence and  mistake,  lie  therefore  prays  that  he  may  be  allowed 
to  surrender  the  same,  and  re(iuests  that  new  letters  patent  may 
issue  to  him,  for  the  same  invention,  for  the  residue  of  the 
period  for  which  the  original  patent  was  granted,  under  the 
amended  specitication  herewith  presented,  he  having  paid  tliirty 
dollars  into  the  treasury  of  the  United  States,  agreeably  to  the 
requirements  of  the  act  of  Congress  in  that  case  made  and  pro- 
vided. 

SAMUEL   MOREY. 

PniLADELPniA,  January  1,  1860, 

Specification. 

To   ALL   WHOM    it   MAY    CONCEKN  : 

Be  it  known  that  I,  Samuel  Morey,  of  Philadelphia,  in  the 
county  of  Philadelphia,  in  the  State  of  Pennsylvania,  have  in- 
vented a  new  and  useful  improvement  in  the  boilers  of  steam- 


224  FORMS   UNDER  THE  PATENT   LAWS. 


APPLICATIOK   FOB   REISSUE,  BT   A8SI0KEB   OE  EXECUTOR. 


engines;  and  I  do  hereby  declare  tliat  the  followin'r  is  a  full 
and  exact  description  thereof,  reference  bein;;  ha»l  to  the  accoin- 
panying  drawinga,  and  to  the  letters  of  reference  marked 
thereon. 

[Tlie  si)ecification  will  conform  substantially  to  that  in  tho 
original  application,  with  such  changes  in  the  description  and 
claims  thereof  as  shall  embrace  what  is  sought  to  be  covered  by 
the  reissue.] 

[But  as  a  reissued  patent  must  be  for  the  "same  invention  for 
which  the  original  patent  was  granted"  (act  1836,  sJ  13),  care 
should  be  taken  not  to  make  any  such  alterations  or  changes 
as  will  expand  the  invention  beyond  that  originally  described 
or  represented,  as  such  enlargement  of  tiie  invention  will  vitiate 
the  patent,  even  if  granted.] 

Oath. 

City  and  Cointy  ok  PniLADEi.riiiA,  ) 
State  of  Penxsvlvaxia,  \ 

On  this  first  day  of  January,  18C0,  before  tho  subscriber,  a 
justice  of  tiie  j^'ace,  personally  appeared  tho  above-named  / 
Samuel  Morey,  and  made  solemn  oatli  [or  aflirmation]  that  he 
verily  believes  that,  by  reason  of  an  insufhcieiit  or  defective 
specification,  his  aforesai<l  patent  is  not  fully  valid  and  available 
to  him;  and  tiiat  the  said  error  has  arisen  from  inadvertence, 
accident,  or  mistake,  and  without  any  fraudulent  or  deceptive 
inteDtion,  U)  the  best  of  his  knovvk-dge  or  tu-lief. 

JAMES  DALL.VS, 

B  ritNT  Justice  of  the  Peace. 

:    irr.  »ET. 

■TAMr. 


6.     Al'PUCATION     FOK     KKI8SUE      HY     THE     ASSIGNKB^    Oil 
EXECUTOU,    OF   TUli    OKHU.NAL    PATEVIEE. 

Pctidoii. 

To  THE    Co.MMISSIoNKR    OK    PATEXTS  : 

The  petition  of  James  C.  Fisher,  of  Philadelpliia,  in  the  county 
of  Philadelphia  and  State  of  Pennsylvania, 


FORMS  UNDER  THE  PATENT  LAWS.  225 


application  for  reissite,  by  assign8b  or  executor. 

Rkspectfullt  represents : 

That  Saimicl  Morey,  of  said  city,  did  obtain  letters  patent  of 
the  United  fStates  for  an  iniproveiucnt  in  the  boilers  of  steam- 
engines,  which  letters  patent  are  dated  on  the  first  day  of  March, 
1850;  that  your  petitioner,  by  an  assij^'nnient  duly  made  and 
executed,  bearini^  date  the  first  day  of  January,  1«55  [or  by 
mesne  assignments  duly  made  and  executed],  and  recorded  in 
the  Patent  Office  of  tiie  United  States,  has  become  the  owner 
and  holder  of  said  letters  patent  [or  that  the  sai<l  Samuel  Morey 
departed  this  life  on  the  tenth  day  of  May,  1858,  and  that  your 
petitioner  has  been  duly  appointed  his  executor];  and  your 
l)etitioner  now  believes  that  the  said  letters  patent  are  inopera- 
tive and  invalid,  by  reason  of  a  defective  specification,  which 
defect  has  arisen  from  inadvertence  and  mistake.  lie  therefore 
prays  that  he  may  be  allowed  to  surrender  the  same,  and  re- 
quests that  new  letters  patent  may  issue  to  him,  for  the  same 
invention,  for  the  residue  of  the  period  for  which  the  original 
patent  was  granted,  under  the  amended  specification  herewith 
presented,  he  having  paid  thirty  dollars  into  the  Treasury  of  the 
United  States,  agreeably  to  the  requirements  of  the  act  of  Con- 
gress in  that  case  made  and  provided. 

JAMES  C.  FISHER. 

PniLADKLPHiA,  January  1,  1860. 

Specification. 

To    ALL   WHOM    IT   MAY    CONCERN: 

Be  it  known  that  Samuel  Morey,  of  Philadelphia,  State  of 
Pennsylvania,  invented  a  new  and  useful  improvement  in  steam 
boilers,^  and  that  the  following  is  a  full  and  exact  description 
thereof,  reference  being  had  to  the  accompanying  drawings  and 
to  the  letters  of  reference  marked  thereon,  and  making  a  part 
of  this  specification. 

[The  rest  of  the  specification  will  be  as  in  No.  5,  except  that  it 
will  be  expressed  in  the  third  person.] 

Oath. 

City  and  County  of  PniLADELPniA,  ) 

State  of  Pennsylvania,  (  *** 

On  this  first  day  of  January,  18G0,  before  the  subscriber,  a 
justice  of  the  peace,  personally  appeared  the  abore-named 
10* 


226  FORMS   UXDEll   THE  PATENT  LAWS. 


APPLICATION    FOB   EXTENSION,  BY   PATKNTEE. 


James  C.  Fisher,  and  made  solemn  oatli  [or  atVirmation]  that  he 
verilv  believes  that,  hy  reason  of  an  instiflieient  or  detective 
specification,  the  af"oresai<l  jiateiit  is  not  fully  valid  and  available 
to  him;  and  that  the  said  error  has  arisen  from  inadvertence, 
accident,  or  mistake,  and  without  any  fraudulent  or  deceptive 
intention,  to  the  best  of  his  knowledge  or  belief. 

BENJAMIN   FRANKLIN, 

•    Scent     !  Justice  of  the  Poace. 


INT.    REV. 
STAMP. 


1.  Application  for  extension,  by  Patentee. 
JPetition. 

To  THE   COMMISSIOXEK   OF   PATENTS: 

The  Petition  of  Sebastian  Cabot,  of  Cabotsville,  in  the  countj 
of  Harnpden  and  State  of  Massachusetts, 

Respectfully  represents : 

That  your  petitioner,  on  the  tenth  day  of  April,  1849,  duly 
obtained  letters  jiateiit  of  the  United  States,  for  improvements 
in  machines  for  manufacturing  weavers'  heddles;  that  said 
letters  ])atent  were  issued  in  the  name  of  your  i)etitioner  |and 
■were  duly  reissued  to  him  on  tlie  first  day  of  August,  1800,  if 
such  was  the  fact  •  :  that  your  petitioner  verily  believes  himself 
to  bo  the  original  and  first  inventor  of  said  improvement;  that 
he  has  maile  diligent  exertions  to  put  said  invention  into  general 
use,  and  to  realize  compensation  from  tlie  public  therefor,  but 
that,  without  negh-ct  or  fault  on  his  i)art,  he  has  failed  to  obtain 
from  the  use  ancl  sale  of  said  invention  a  reasonable  remunera- 
tion for  the  time,  ingenuity,  and  expense  bestowed  upon  the 
same,  and  the  introduction  thereof  into  use. 

Your  petitioner  therefore  prays,  that  the  said  letters  patent 
may  bo  dulv  extended,  according  to  law. 

SEBASTIAN    CABOT. 

Oabotbtille,  January  1,  1803. 


FORMS   UNDER  THE  PATENT  LAWS. 


227 


APPLICATION   FOR   EXTENSIOX,  BY   PATENTEE. 


Statement. 


la  the  matter  of  the  application  of 
Sebastian  Cabot,  for  the  exten- 
sion of  letters  patent  of  tlie 
United  States  granted  to  him 
on  the  10th  day  of  April,  1849, 
for  improvements  in  machines 
for  manufaoturinp  wire  hcddles. 


Before  the  Commissioner 
of  Patents. 


Statement  and  Account,  prepared  and  submitted  wider  the  provisions  of 

§  18,  of  the  act  of  l^^Q. 

The  Statement  of.  Sebastian  Cabot,  of  Cabotsville,  county  of 
Hampden  and  State  of  Massachusetts,  the  above-named  appli- 
cant, respectfully  shows: 

[Such  statement  should  set  forth  clearly  and  intelligibly  the 
facts  and  circumstances  connected  with  the  original  invention, 
and  its  development;  the  time  and  money  spent  in  perfecting 
the  same;  the  efforts  that  have  been  made  to  effect  its  introduc- 
tion into  use;  and  such  facts  as  go  to  show  or  prove  tiie  ascer- 
tained value  of  the  invention;  and  all  receipts  derived  from  and 
expenditures  paid  out  in  connection  witli  such  invention,  which 
receipts  and  expenditures  siiould  be  sufficiently  in  detail  to  ex- 
hibit a  true  and  faithful  account  of  loss  and  profit,  in  any  man- 
ner accruing  from  and  by  reason  of  the  invention. 

Such  statement  sliould  also  be  accompanied  by  an  account, 
showing  in  debit  and  credit  tlie  expenditures  and  receipts  con- 
nected with  the  invention,  and  set  out  in  the  statement.] 

SEBASTIAN  CABOT. 

Cabotsville,  January  1,  1863. 


Oath. 

State  of  MASSAcarsETTS, 
County  of  IIampdkn. 

On  this  first  day  of  January,  1863,  before  me,  the  subscriber, 
a  justice  of  the  peace,  personally  appeared  the  above-named 
Sebastian  Cabot,  and  made  solemn  oath  [or  affirmation]  that  he 
verily  believes  that  the  foregoing  statement  and  account,  signed 
by  him,  is  a  true  and  correct  account  of  the  receipts  and  ex- 
penditures derived  from  and  paid  out  in  connection  with  hie  be- 


S28    FORMS  UNDER  THE  PATENT  LAWS. 

DISCLAIUER. 

fore-incntioncfl  invention  and  k-tters  i)atent,  and  of  the  ascer- 
tained value  uf  such  invention,  and  that  he  lias,  without  neglect 
or  fault  on  his  part,  failed  to  obtain  from  the  use  and  sale  of  his 
said  invention  a  reasonable  remuneration  for  the  time,  ingenui- 
ty, and  expense  bestowed  upou  the  same,  and  its  introduction 
into  use. 

JAMES  NEWBOLD. 

6  CKNT    :  Justice  of  the  Peace. 

:     I.MT.    REV.     •. 

:     STAMP.     : 


An  application  for  an  extension,  made  by  an  eiecutor  or  administra- 
tor of  the  patentee,  will  be  substantially  like  the  above,  except  that 
changes  will  be  made  in  the  jietition  and  oath  similar  to  such  as  are 
set  forth  and  contained  in  Form  :t. 


8.   Disclaimer. 

To  THE  Commissioner  ok  Patents  : 

The  petition  of  Sebastian  Cabot,  of  Cabotsville,  in  the  county 
of  Hampden  and  State  of  Massachusetts, 

Respectfi'lly  represents  : 

That  letters  patent  of  the  United  States,  bearing  date  the  first 
day  of  March,  1850,  were  granted  to  your  jietitioner  for  certain 
improvement."*  in  the  steam-engine  [(»r,  "that  he  has,  by  assign- 
rnent,  duly  recorded  in  the  Patent  Othce,  become  the  owner  of 
a  right  f<)r  the  several  States  of  Massachusetts,  Connecticut,  and 
Rhode  Island,  to  certain  improvements  in  tlio  stoam-engine,  for 
which  letters  patent  of  the  United  States  were  granted  to  John 
Doe,  of  Boston,  in  the  State  of  Massacjuisetts,  dated  on  the  first 
day  of  March,  185U"J;  that  lie  has  rea.son  to  believe  that, 
through  inadvertence  and  mistake,  the  claim  made  in  the  speci- 
fication of  said  letters  patent  is  too  broad,  including  that  of 
which  your  petitioner  [or  the  Baid  patentee)  was  not  tlie  first  in- 
ventor. Vour  [letitioner,  therefore,  hereby  enters  his  disclaimer 
to  that  part  of  tlie  claim  in  the  aforenamed  specification  which 
is  in  the  following  wt.rds,  to  wit:  "I  also  claim  the  i)articular 
manner  in  which  tiiu  piston  of  the  above-described  engine  is 
constructed  80  as  to  insure   the   close   fitting  of  the  packing 


FORMS  UNDER  THE  PATENT  LAWS.  2''j 

APPEAL   TO   EXAMINERS   IX   CHIEF:    TO   COMMISSIONER  OP  PATENTa 

thereof  to  the  cylinder,  as  set  forth  ;"■  which  disclaimer  is  to 
operate  to  the  extent  of  the  interest  in  said  letters  patent  vested 
in  your  i)etitioner,  who  lias  ])aid  ten  dollars  into  tiie  TreasiTry  of 
tlie  United  States,  agreeably  to  tlie  requirements  of  the  act  of 
Congress  in  that  case  made  and  provided. 
Cabotsvii.le,  January  1,  1860.         SEBASTIAN  CABOT. 
Witnesses — 
John  Doe, 
Richard  Roe. 


9.   Appeal  to  examiners  in  chief. 

To  THE  Commissioner  of  Patents  : 

Sir  :  In  conformity  with  section  third  of  the  act  of  Congress 
dated  2(1  Marcli,  18(11,  I  hereby  make  application  for  an  appeal 
from  tlie  decision  of  the  principal  examiner  in  the  matter  of  my 
application  for  a  patent  for  an  improvement  in  the  manner  of 
tripping  the  valves  of  steam-engines,  rejected  a  second  time  on 
tenth  day  of  December,  1863,  and  request  that  the  same  may  be 
heard  by  the  examiners  in  chief,  tlie  renewed  oath  required  in 
such  cases  having  been  taken. 

Dated,  January  1,  186-1-.  Respectfully, 

JOUX  ERRICSON. 


10.   Appeal  to  the  Commissioner  of  Patents. 

To  THE  Commissioner  of  Patents  : 

Sir  :  In  conformity  with  section  second  of  the  act  of  Congress 
dated  2d  March,  1801,  I  hereby  make  application  for  an  appeal, 
in  the  matter  of  my  application  for  a  patent  for  an  improvement 
in  tlie  manner  of  tripping  the  vjilves  of  steam-engine;;,  from  tiie 
decision  of  tiie  examiners  in  ciiief,  made  tlierein,  on  the  third 
day  of  February,  1864,  and  request  that  the  same  may  be  lieard 
byyou,  in  ])erson,  the  fee  required  by  said  act  having' been  duly 
paid  by  your  peiiiiuu«r. 

JOHN  ERRICSON. 

Dated,  March  1,  1864. 


230  fORMS   UNDEPw  THE   PATENT  LAWS. 


APPEAL  TO  JUSTICES   SCPREME   COUKT,  DISTRICT   OF   COLUMBIA. 


11.    Appeals  to  tiie/lstices  of  the  Supreme  Court 
OF  THE  District  of  Columbia. 

1.  In  case  of  refusal  of  Patent. 

To  THE  IIox.  Judges  of  the  Supreme  Court  of  the  District 
OF  Columbia  : 

The  petition  of  Charles  Marshall,  of  New  York,  in  the  county 
of  New  York  and  State  of  New  York,  respectfully  slioweth,  that 
he  has  heretofore  invented  a  new  and  useful  improvement  ia 
machines  for  crushing  ore,  and  has  ajiplied  to  the  Patent  Office 
of  the  United  States  for  a  patent  for  tlie  same,  and  has  complied 
with  the  re(piirements  of  the  several  acts  of  Congress,  and  with 
the  rules  of  the  Patent  Ufiice  prescribed  in  sucli  cases;  that  his 
said  ai»])lication  has  heen  rejected  by  the  Commissioner  of  Pat- 
ents; tiiat  he  lias  filed  in  said  oflice  his  i)rayer  for  an  apiieal 
from  said  decision,  and  notice  thereof  to  said  Commissioner,  and 
his  reasons  of  appeal,  and  paid  into  tiie  same  the  sum  of  twenty- 
five  dollars  u])ou  said  appeal;  all  which  will  appear  from  the 
certificate  of  said  Commissioner  of  Patents  hereto  annexed. 

And  tlie  said  Charles  Marshall  prays  tiiat  his  said  appeal  may 
be  heard  and  determined  by  your  Honors,  at  such  time  as  may 
he  apjjointed  for  that  purpose;  and  that  the  Commissioner  of 
Patents  may  be  duly  notified  <)f  tlie  same,  and  directed  in  what 
manner  to  give  notice  thereof  to  the  parties  interested. 

Patent  Office,  "Wasiiinctok,  D.  C,  ) 
January  luth,  ISGf).       \ 
I  liereby  certify  that  the  above-named  Charles  Marshall   has 
complieil  witii  the  requisites  of  the  law  necessary  to  perfect  liia 
aforesaid  ajjpeal. 

T.  C.   TIIEAKEP, 

Commissioner  of  Patents. 

To  THE  Hon.  T.  C.  Tiieakrr,  Commissioner  of  Patents: 

Cliarles  Marsliall,  of  New  York,  in  the  county  of  New  York 
and  State  of  New  Y<)rk,  prays  tliat  an  ap])eal  may  be  .allowed  him 
froTii  the  decision  rif  your  Department,  rejecting  his  ap|)Iicatioii 
for  a  paieiit  for  im|)rovements  in  machines  for  crushing  ore,  and 
of  this  you  are  respectfully  requested  to  take  notice. 


FORMS   UXDER   THE   PATENT   LAWS.  231 

APPEAL  TO  JUSTICES   SUPREME   CX)UKT,  DISTRICT  OF    COLUMBIA. 

And  the  suid  Charles  Marshall  assigns  the  following  reasons 
for  appealing  from  tlie  said  decision  of  the  Coinmissioner  of  Pat- 
ents, viz.: 

2.  In  case  of  rejection  on  Interference. 

To  THE  IIox.  Judges  of  the  Supreme  Court  of  the  Disteict 

OF  Columbia: 

The  petition  of  Cliarles  Marshall,  of  New  York,  in  tlie  county 
of  New  York  and  State  of  New  York,  respectfully  showeth, 
that  he  has  heretofore  invented  a  new  and  useful  machine  fur 
desulphurizing  ores,  and  has  applied  to  the  Patent  Office  of  tlie 
United  States  for  a  patent  for  the  same,  and  has  complied  with 
tlie  requirements  of  the  several  acts  of  Congress,  and  witli  tlie 
rules  of  the  Patent  Office  prescribed  in  such  cases;  that  after- 
wards it  was  declared  by  the  Commissioner  of  Patents  that  your 
petitioner's  claims  interfered  with  those  of  James  King,  of  Aus- 
bnrn,  in  the  county  ot  Monroe  and  State  of  New  York,  an  appli- 
cant for  a  patent  for  a  similar  invention,  and  the  question  of 
priority  of  invention  was  determined  by  him  in  favor  of  tlie 
said  James  King;  that  your  petitioner  has  filed  in  said  office  his 
prayer  for  an  appeal  from  said  decision,  and  notice  thert-of  to 
said  Commissioner,  and  his  reasons  of  appeal,  and  paid  into  the 
same  the  sum  of  twenty-live  dollars  upon  said  appeal;  all  which 
will  appear  from  the  certificate  of  said  Commissioner  of  Patents 
hereto  annexed. 

And  the  said  Charles  Marshall  prays  that  his  said  appeal  may 
be  heard  and  determined  by  your  Honors,  at  such  time  as  may 
be  appointed  for  that  purpose  ;  and  that  the  Commissioner  of 
Patents  may  be  duly  notified  of  tlie  same,  and  directed  in  what 
manner  to  give  notice  thereof  to  the  parties  interested. 

CHARLES  MARSHALL. 

New  York,  Feb.  1,  1866. 


Patent  Office,  "Wasiiingtox,  D.  C,  \ 
February  4th,  1860.       \ 
I  hereby  certify  that  the  above-uamod  Charles  Marshall  has 
complied  with  the  requisites  of  the  law  necessary  to  perfect  his 
aforesaid  appeal. 

T.   C.  TUEAKER, 

Commissioner  of  Patents. 


S82     FORMS  UNDER  THE  PATENT  LAWS. 


DEPOSITIONS. 


To  THE  Hon.  T.  C.  Tiikakeii,  Coinnii93ioner  of  Patents : 

Charles  Marshall,  of  Ne\^'  York,  in  the  county  of  New  York 
and  State  of  New  York,  prays  that  an  aiJpcal  may  ho  allowed 
him  from  tlie  decision  of  your  Department  upon  the  interference 
deilareii  between  the  said  Charles  Marshall  and  James  Kin;.',  and 
determining  the  question  of  priority  in  favor  of  the  said  .lames 
Kinji,  and  of  this  you  are  respectfully  retjuesled  to  take  notice. 
And  the  said  Charles  Marsiiall  assij^ns  tiie  following  reasons 
for  appealing  from  the  said  decision  of  the  Commissioner  of 
Patents,  viz. : 


12.   Depositions. 
1.  Hot  ice  of  taking. 


In  the  matter  of  the  Interference 
between  the  application  of 
E.  F.  for  a  Patent  for  Im- 
provement in  Skirts,  and  the 
application  of  1.  K.  for  a  Pat- 
ent for  the  same  invention. 


Before  the  Commissioner 
of  Patents. 


Sir:  Please  take  notice  that  an  examination  of  witnesses  in 
the  above  matter,  on  the  part  of  the  said  E.  F.,  will  be  liad  in 
the  city  of  New  York,  at  the  otlice  of  K.  S.  ."^tillwell,  Xos.  41  and 
43  Chambers  .'street,  in  said  city,  before  li.  S.  Stilwell,  I  nited 
States  Commissioner,  or  some  person  authorized  to  take  dopo- 
bitious,  and  tiiat  said  examination  will  coinmonce  on  tiie  tirst 
day  of  January,  isdO,  at  ten  ii'dock  in  the  forenoon,  ni.d  that 
the  same  will  he  adjourned  from  time  to  time,  if  iieuessary,  un- 
til the  witnosseH  i)ro(luced  shall  be  examined.         -r. 

You  can  attend,  and  cross-oxainino  the  witnesses  produced, 
if  you  »lesire.  Yours,  Arc, 

J»ate.l,  Nkw  York,  Dec.  21,  IHCO.         RUFUS  CII(  ».\  IK, 

Coun.sel  for  E.  F. 

'lo  CHAHI.KH  Hll. I.IVAN.    Esi]., 

Counsel  for  I.  K.,  'J.")  Wall  Street,  New  York. 
Such  notice  in  required  only  in  iiitoiforence  aud  other  cv.Mitostod  casos. 
It  mum  be  served  a  reasonuhle  time  beluro  the  time  ot  Ujking  the 
depoHition,  t>y  deliverinj;  a  copy  to  the  adverse  party;  or,  if  he  can- 
n')l  he  ("umJ,  mvk'Ii  Hervic*-  may  !«•  nia<le  upon  liia  ugciit  or  attorney,  or 
by  leavin«  a  cojiy  at  his  usii.d  place  of  rcsuJencc,  witli  Boinc  member 
of  hill  family  arrived  at  years  of  discretion. 


FORMS   UNDEIi   THE   rATEXT   LAWS.  238 


DEPOSITIONS. 


2.  B.'position^form  of. 
1 


In  the  matter  of  tlie  Interference 
between  the  api)Iioation  of 
E.  F.  for  a  patent  for  Ini« 
proveinent  in  Skirts,  and  the 
application  of  I.  K.  for  a  pat- 
ent for  the  same  invention. 


I   Before  the  Commissioner 
of  Patents. 


Depositions  of  witnesses,  produced,  sworn,  and  examined  in 
the  above  matter,  on  tlie  part  of  E.  F.,  before  me,  R.  S.  Stil 
well,  Lnited  States  Commissioner,  at  my  office,  Nos  41  and  4:f 
Chambers  Street,  in  the  city  of  New  York,  on  the  first  dav  of 
January,  I8fi6  pursuant  to  the  foregoing  notice  hereto  annexed, 
marked  Exhibit  A. 

Present :  RUFUS  CIIOATE,  Esq., 

Counsel  for  E.  F.,  and 
OUARLES  SULLIVAN,  E.^^q., 
Counsel  for  I.  K. 

A.  B.,  a  witness  produced  on  the  part  of  said  E.  F..  being 
duly  sworn,  doth  depose  and  say,  in  answer  to  intcrro^'atorie^ 
propounded  to  him  by  Rufus  Choate,  counsel  for  e"  F.  as 
tollows :  ' 

1.  Interrogatory.  What  is  your  name,  age,  residence,  and 
occupation  ? 

1.  Answer.  My  name  is  A.  B. ;  my  nge  is  45:  I  am  a  car- 
pentcr,  and  reside  in  Boston,  Massachusetts. 

And  in  answer  to  cross-interrogatories  proposed  to  him  by 
George  Sullivan,  counsel  for  L  K.,  as  follows,  viz.  : 

1.    Cross-Interrogatory,  &c. 

(feigned)  A.  B. 

State  of  New  York,  ) 

City  axd  Cocxty  of  New  Youk.  (  **' 

-lo^V  V'^-  ^'""^  *^'^-'  "^"^  ^-""nty.  on  the  1st  day  of  Januarv,  a  d. 
lb()(.,  before  me  personally  appeared  the  above-named'  A.  B.. 
and  made  oath  that  the  foregoing  deposition,  bv  him  subscribed 
contains  the  whole  truth,  and  nothing  but  the 'truth. 

Ihe  said  deposition  is  taken  at  a:e  request  of  E.  F ,  to  b© 
used  upon  the  hearing  of  an  interference  between  the  claims  of 


234    FORMS  UNDER  THE  PATENT  LAWS. 


ASSIQSMENT  OF   INTEXTION   BEFORE   PATENT,  TO   A8SI0SEE. 


the  said  E.  F.  and  those  of  I.  K.,  before  the  Commissioner  of 
Patents  of  the  United  States,  at  his  otlice,  on  the  fir>t  Monday 
of  February  next.  The  said  I.  K.  was  duly  iiotilifil,  as  ajipears 
by  tlie  original  notice  hereto  annexed,  and  attended  by  George 
Sullivan,  his  counsel. 

Certified  bv  me, 

:    5  TEST    :  K.  S.  STILWELL, 

:  1ST.  KEv.  :  ^'   j^^  Commissioner. 


Certificale  on  the  envelope  contoining  the  depositions. 

I  hereby  certify  that  the  depo.sitions  of  A.  B.,  C.  D.,  «tc.,  re- 
lating to  the  matter  of  interference  between  E.  F.  and  G.  H., 
were  taken,  sealed  up,  and  addressed  to  the  Commissioner  of 


Patents  by  me. 


R.  S.  STILWELL, 

U.  S.  Commissioner. 


13.    Assignment    of    invention    before    Patent: 
Patent  to   issue   to   assignee. 

Whereas  I,  Jethro  Wood,  of  Scipio.  in  tlie  county  of  Cayuga 
and  State  of  New  York,  liave  inve-ntod  certain  new  and  useful 
improvements  in  Ploughs,  for  which  I  am  about  to  make  apl>li- 
cation  for  K-ttiTS  patent  of  tin-  I'niti-d  States  ;  and  wla-reas 
David  Peuco<k,  of  Ihirlington.  New  Jersey,  has  agreed  to  pur- 
chase from  me  all  tho  right,  title,  and  interest  which  I  have,  or 
may  have,  in  and  to  the  said  invention  in  oonse(iuence  of  the 
grant  *>(  letters  |)atejit  therefor,  and  has  j)aid  to  me,  the  said 
Wood,  the  sum  of  five  tliousand  dollars,  the  receipt  of  which  is 
hereby  acknowledged:  NtiW  this  indenture  witnesselh,  that  for 
and  in  consideration  of  the  said  sum  to  me  paid,  I  have  assigned 
and  transferred,  and  <lo  hereky  assign  and  transfer,  to  the  said 
David  Peacock,  the  full  and  exclusive  right  to  all  the  improve- 
Hjentrt  made  by  me,  as  fully  set  forth  an<l  described  in  the  speci- 
fication which  I  have  prepared  an<l  executed  prepar.-itory  to  the 
obtaining  of  letters  |)ateMt  tlierefor.  And  I  do  hereby  authorize 
and  request  tne  Commissioner  of  Patents  to  issue  tlie  said  letters 
patent  to  the  said  David  Peacock,  as  the  assignee  of  my  whole 


FORMS"  UNDER   TUE   PATENT   LAWS.  235 

A88IGNMKKT   BEFORE   PATENT,  TO   INVENTOR  AND   ANOTHER. 


right  and  title,  thereto,  for  the  sole  use  and  behoof  of  the  said 
David  Peacock  and  liis  lejjal  representatives. 

In  testimony  wliercof,  I  have  hereunto  set  my  hand  and  affixed 
my  seal  tins  Kith  day  of  February,  1850. 

Sealed  and  delivered  ;  JETIIRO  WOOD,  [sbal.] 

in  the  presence  of    j 
George  Clymkk, 
David  RiTTKNnousB. 

State  of  New  York, 
County  of  Cayuga. 
On  this  16th  day  of  February,  1856,  before  me,  a  justice  of  the 
peace,  within  and  for  said  county,  i)ersonally  appeared  Jethro 
Wood,  to  me  known  to  be  the  individual  described  in,  and  who 
executed,  the  foregoing  assignment,  and  acknowledged  that  he 
executed  the  same  for  the  uses  and  purposes  therein  mentioned 

:  A.  B., 

:    •?  '^^^     ;  Justice  of  the  Peace. 


An  acknowledgment  is  not  required  by  the  statute,  but  it  is  most 
advisable  to  have  it  made. 


14.    Assignment  of  invention  before  Patent  :   Pat- 
ent TO  issue  to  inventor  and  another. 

Whereas  I,  Jethro  Wood,  of  Scipio,  in  the  county  of  Cayuga 
and  State  of  New  York,  have  invented  certain  new  and  useful 
improvements  in  Ploughs,  for  which  I  am  about  to  make  appli- 
cation for  letters  patent  of  the  United  States ;  and  whereas 
David  Peacock,  of  Burlington,  New  Jersey,  is  desirous  of  ob- 
taining an  interest  in  the  said  invention,  and  in  any  letters  pat- 
ent that  may  be  obtained  therefor,  and  has  paid  to  me,  the  said 
Wood,  tiie  sum  of  tive  thousand  doHars,  the  receipt  of  which  is 
hereby  acknowledged :  Now  this  indenture  witnesseth,  that,  for 
and  in  consideration  of  the  said  sum  to  me  paid,  I  have  assigned 
and  transferred,  and  do  hereby  assign  and  transfer  to  the  said 
David  Peacock  and  to  myself,  the  full  and  exclusive  right  to  all 
the  improvements  made  by  me,  as  fully  set  forth  and  described 


236  FORMS   UNDER  THE   PATENT   LAWS. 

AS8I0SMENT   OF   ENTIRE   OU   PARTIAL   IXTE1U5ST   IN   A   PATIKT. 

in  the  specification  ^^liich  I  have  prepared  and  executed  pre- 
paratorr  to  the  obtainin<T  of  letters  patent  therefor.  And  I  do 
horehv  autliorize  and  rcjuest  tlie  ('Dminissioiu-r  of  Patents  to 
issue  tlie  said  letters  patent  to  tlie  said  l)avi<l  Penct)ck  and  to 
niv?elf,  as  the  ussipnees  of  my  whole  ritclit  and  title  thereto,  for 
the  sole  use  and  hehoof  of  the  said  David  Peacock  and  myself, 
and  our  legal  representatives. 

In  testimony  whereof.  I  have  hereunto  sot  my  hand  and  affixed 

my  seal,  this  IGth  day  of  February,  IBSfi. 
Sealed  and  delivered  {  JETIIKO  WOOD,    [beal.] 

in  presence  of        ^  : 

Geokoe  Clymer,  ;     6oE»T     : 

David  Ritteniiousk.  :     K^Mr. 


Acknowledgment,  as  in  No.  13. 


15.   Assignment  of  the  entire  or  of  a  partiai, 
inteuest  in  a  tatent. 

Whereas  I,  Jethro  Wood,  of  Scipio,  in  the  county  of  raynjfft 
and  State  of  New  York,  did  obtain  letters  piiteiit  of  the  T'nitcd 
States  for  certain  iini)rovement3  in  Pk)u<?hs,  whicli  letters  [latent 
bear  date  the  1st  day  of  Marcli,  IHrt."};  and  whereas  David  Pea- 
cock, of  Hurlirigton,  New  Jersey,  is  desirous  of  ai'<iuiring  an 
interest  therein  :  Now  tliis  indenture  witnesscth.  that  for  and 
in  consideration  of  the  sum  of  two  tliousand  ihdlars.  to  me  in 
han<l  [)aid,  the  receipt  of  wliich  is  hereby  ackiiowiedgeil  [or  to 
bo  paiil  a<((»rdiiiK  to  tiio  terms  of  a  certain  agreement,  of  oven 
date  herewitli,  mach-  by  and  between  sai<l  Peacock  and  niyselfj, 
I  have  assigned,  sold,  and  set  over,  ntui  do  liereliy  assign,  sell, 
and  set  over,  unto  the  sai<l  David  Peacock,  all  the  right,  title, 
and  interest  which  I  havo  in  the  said  invention,  as  secured  to 
me  by  said  letters  patent,  for,  to,  and  in  the  entire  territory  of 
the  I'nited  Stales  [or  in  the  several  States  of  .N'ew  York,  New 
Jersey,  and  I'entiHylvHuia,  ami  in  no  other  place  or  ydaces) ;  the 
same  to  be  held  and  enjoyed  l>y  the  said  Davi<l  Peacock,  for  Ids 
own  use  and  behoof,  an<l  for  the  use  and  behoof  of  his  leg.-d  rep- 
resentatives, to  the  full  end  of  the  term  for  which  said  letter* 
patent  arc  granted  |if  it  is  inten<led  to  assign  for  any  extended 
term,  then  add — and  for  the  term  of  any  extension  tliereof  j,  as 


FORMS   UNDER   THE  PATENT   LAWS.  237 


ASSIGNMENT   OF   AN    UNDIVIDED   INTEKEST   IN   A    PATENT. 

fully  and  entirely  as  tlic  same  would  have  been  held  and  enjoyed 
by  rae  had  tliis  assi;.^nmei)t  and  sale  not  been  made. 

In  testimony  whereof,  I   hereunto  set  my  hand  and  afR.x  my 

seal,  this  10th  day  of  February,  IftoO. 
Sealed  and  delivered  in  )  JETIIRO  WOOD,    [seal.] 

the  presence  (jf         (  : • 

Jacob  Perkins,  J5rr.sT 

Benjamin  Franklin. 


INT.    KKV. 
STAMP. 


Acknowledgment,  as  in  No.  13. 


16.   Assignment  op  an  undivided  interest  in  a 
Patent. 

Whereas  I,  Jethro  Wood,  of  Scipio,  in  the  county  of  Cayupa 
and  State  of  New  York,  did  obtain  letter?  patent  of  the  United 
States  for  certain  improvements  in  I'iouj^hs.  which  letters  j)atent 
bear  date  the  1st  day  of  Marcli,  1855  ;  and  whereas  David  Pea- 
co'^k,  of  Burlington,  New  Jersey,  is  desirous  of  acquiring  an  in- 
terest therein  :  Now  this  indenture  witnesseth,  that  for  and  in 
consideration  of  tlie  sum  of  two  tiiousand  dollars,  to  me  in  hand 
paid,  the  receipt  of  which  is  hereby  acknowledged,  I  have  as- 
signed, sold,  and  set  over,  and  do  hereby  assign,  sell,  and  set 
over,  unto  the  said  David  Peacock,  the  full  and  e(pial  undivided 
one-half  part  of  all  the  rieht,  title,  and  interest  which  I  have  in 
the  said  invention,  as  secured  to  me  by  said  letters  patent,  for, 
to,  and  in  the  entire  territory  of  the  United  States  [or  within 
the  several  States  of  New  York,  New  Jersey,  and  Pennsylvania, 
but  in  no  other  ])laces],  the  same  to  be  held  and  enjoyed  by  the 
said  David  Peacock,  for  his  own  use  and  behoof,  and  for  the 
use  and  behoof  of  his  legal  repre.sentatives,  to  the  full  end  of 
the  term  for  which  said  letters  patent  are  granted  |if  it  is  in- 
tended to  assign  for  any  extended  term,  then  add — and  for  the 
term  of  any  extension  thereof — ]  .as  fully  and  entirely  as  the 
same  would  have  been  held  and  enjoyed  by  me  had  this  assign- 
ment and  sale  not  been  made. 

It  is  hereby  covenanted  and  agreed,, by  and  between  the  par- 
ties hereto,  that  neither  of  said  jiarties,  their  executors,  admin- 
istrators, or  assigns,  will  sell  or  dispose  of  their  interest  in  said 
patent,  or  grant  licenses  under  the  same  to  make  uud  use,  or 


238  FORMS  UNDER  THE  PATENT  LAWS. 

EXCLUSIVE   LICBK8E   TO   MAKE,    USE,    IM)  SELL  AN   IXTEXTION. 

sell  said  invention,  without  the  written  con-^ent  of  the  other 
party  first  had  and  obtained. 

It  is  further  covenanted  and  agreed,  by  and  between  the  par- 
ties hereto,  and  for  themselves,  their  heirs,  executors,  adminis- 
trators, and  assigns,  tliat  in  case  they,  or  eitlier  of  them,  shall 
manufacture  and  sell  ploughs  under  said  letters  patent,  and  con- 
taining the  invention  tlierein  described,  that  the  party  so  making 
and  selling  such  ploughs  sliall  and  will  pay  to  the  other  party 
hereto,  or  his  representatives,  as  royalty  or  patent  fee,  the  sum 
of  one  dollar  on  each  and  every  plough  so  made  and  sold  by 
him,  which  payment  shall  be  made  on  the  first  day  of  January 
in  each  and  every  year;  and  that  correct  books  of  account  of  all 
ploughs  so  made  sliall  be  kept,  which  shall  be  open  to  the  in- 
spection of  the  other  party  or  his  representatives,  at  all  reason- 
able times. 

In  testimony  whereof,  the  said  parties  have  hereunto  set  their 
hands  and  affixed  their  seals,  this  16th  day  of  February, 
1856. 

JETHRO  WOOD.         [seal.J 
Sealed  and  delivered  in  (         DAVID  PEACOCK,    [seal.] 

the  presence  of         ^  ; : 

Jacob  Perkin.s,  ^J^':^J„ 

BKN.rA.Ml.\    FUAXKLIN. 


INT.    BEV. 
BTAMl*. 


Acknowledgment,  as  in  No.  13. 


17.   Exclusive  licexsk  to  make,  use,  and   sell  an 
invention. 

Whereas  letters  patent  of  the  United  States,  bearing  date  the 
Ist  day  of  January,  ISoO,  were  granted  to  Jethro  Wood,  of 
Scipio,  in  the  county  of  Cayuga  and  State  of  New  York,  for 
certain  imy>rovements  in  Ploughs,  as  by  reference  to  said  letters 
patent  will  more  t'uily  appear; 

And  whereas,  John  lirown,  of  Boston,  State  of  Massachusetts, 
J9  di'sir<Mi9  of  obtaining  tlie  right  to  make,  ust",  and  sell  the  said 
invention  within  and  for  tlie  States  of  Massaciin-;otts.  Connecti- 
cut, and  Rhode  Inland,  and  has  agreed  to  pay  therefor  tiio  sum 
of  tliree  thousan<l  ilolbirs.: 

Now  this  iniienture  witncssetii,  that  the  said  Jethro  Wood, 
for  and  in  consideration  of  the  Bum  of  ono  tliousand  dollars  ia 
hand  paid  by  the  said  John  Brown,  and  of  the  two  promissory 


FORMS   UNDER   THE   PATENT   LAWS.  239 

EXCLUSIVE   LICENSE   TO   MAKE,    USE,    AND   SELL   AN   INVENTION'. 

notes  of  tlie  said  Jolin  Brown,  each  bein.?  for  tlic  sum  of  one 
thousand  dollars,  and  bearint;  even  date  with  tiiese  presents,  and 
])ayable  in  one  and  two  years  from  the  date  thereof,  with  in- 
terest, the  receipt  of  which  money  and  notes  is  hereby  acknowl- 
edged, hath  given  and  granted,  and  by  these  presents  does  give 
and  grant  unto  the  said  John  Brown,  his  executors,  administra- 
tors, and  assigns,  during  the  residue  of  the  unexpired  term  of 
said  letters  patent,  full  and  free  liberty,  license,  power,  and 
authority  to  make,  use,  and  sell,  or  vend  to  others  to  be  sold, 
either  wholesale  or  retail,  within  and  for  the  several  States  of 
Massachusetts,  Connecticut,  and  Rhode  Island,  the  said  inven- 
tion, or  ploughs  employing  and  using  the  invention  described  and 
set  forth  in  said  letters  patent,  and  to  receive  to  his  and  their 
own  use  any  and  all  profits  and  advantages  which  shall  or  can 
be  made  by  the  making,  use,  and  selling  of  said  inventiim  within 
said  territory,  and  that  without  any  let,  suit,  trouble,  or  hin- 
derance  of  him,  said  Jethro  Wood,  his  executors,  or  administra- 
tors, or  any  other  person  or  persons  claiming  to  hold  and  use 
said  invention,  from,  by,  or  under  him  or  them,  by  virtue  of 
said  letters  patent,  or  otherwise. 

Provided,  however,  that  if  at  any  time  the  said  party  of  the 
second  part  or  his  representatives  shall  make  default  in  the  pay- 
ment of  the  said  promissory  notes  or  either  of  them,  it  shall  and 
may  be  lawful  for  the  said  party  of  the  first  part,  or  his  repre- 
sentatives, to  revoke  and  annul  this  license,  upon  giving  written 
notice  to  such  efi'ect  to  said  party  of  the  second  part,  or  his  rep- 
resentatives, and  which  notice  may  be  served  by  leaving  the 
same  at  the  ordinary  place  of  business  of  said  party  of  the  second 
part,  or  his  representatives,  and  if  such  note  shall  not  be  paid 
within  ten  days  after  such  notice,  then  this  license  shall  be  and 
become  null  and  void,  and  all  rights  and  privileges  under  the 
same  shall  cease  and  determine;  and  thereupon  it  shall  and  may 
be  lawful  for  any  court  of  equity,  having  jurisdiction,  to  per- 
petually enjoin  and  restrain  the  said  party  of  the  second  part,  and 
his  representatives,  and  all  persons  claiming  under  them,  from 
making,  using,  or  selling  said  invention  or  any  part  thereof. 

The  said  party  of  the  first  part,  for  himself,  his  executors,  ad- 
ministrators, and  assigns,  hereby  covenants  and  agrees  with  the 
said  party  of  the  second  part,  that  he  or  they  will  not  license 
and  empower  any  person  or  persons  whatever  to  make,  use,  or 
sell  the  said  invention  within  the  territory  before  named,  during 
the  existence  of  this  license ;  but  nothing  herein  contained  shall 
be  construed  to  hinder  or  prevent  the  said  party  of  the  first 
part,  or  his  representatives,  from  constructing  or  licensing  the 


240     FORMS  UNDER  THE  PATENT  LAWS. 

EXCLUSIVE   UCKN8B   TO   MARE,    USE,    AXD   SKLL   AX   INVENTION. 

construction  of  tlie  said  invention  to  be  made  and  used  else- 
wIktc  tiian  in  the  tcriitory  aforesaid. 

Sliould  it  be  decided,  before  tlie  .Huid  notes  or  either  of  them 
sliall  become  due  as  aforesaid,  by  any  court  havinjj  Jurisdiction 
to  pass  upon  the  validity  of  letters  patent,  that  tlic  said  letters 
patent  so  ^(ranted  to  said  Jethro  Wood,  are  invalid  and  null  and 
void,  the  said  party  of  the  second  part  shall  be  thereby  released 
and  discharged  of  and  from  the  ])ayn)ent  of  such  of  the  said 
promissory  notes  as  then  remain  unpaid;  and  if  either  of  said 
notes  shall  then  i)e  paid,  said  party  of  the  first  part  covenants 
with  said  party  of  the  second  part  to  rei)ay  the  one-half  of  what- 
ever sums  shall  liave  been  so  paid  :  Proiideil,  hoxcerer,  that  if 
such  adjudication,  as  to  the  varulitji^of  such  letters  i>atent,  shall 
not  have  been  made  by  the  court  of  last  resort,  and  tiie  said 
Wood  or  his  representatives  shall  determine  to  carry  sifch 
decision  to  such  court  of  last  resort,  t.iat  then  the  payment  of 
any  note  so  remaining  unpaid  shall  bo  suspended  until  the 
determination  of  such  court  of  last  resort  as  to  the  valrility  of 
such  i)atent,  and  such  note  shall  be  payable  or  (Otherwise,  ac- 
cording as  said  letters  patent  shall  be  finally  held  to  be  Valid,  or 
null  and  void. 

It  is  further  agreed  botwoon  the  parties  hereto,  that  in  case 
any  jjcrson  or  i»ersons  shall  infringe  tlie  said  letters  patent  within 
the  said  territory,  the  said  John  Hrown,  his  executors,  adminis- 
trators, and  assigns,  may  and  shall  luive  the  right,  for  his  and 
their  benefit,  in  tiie  name  of  the  said  Jethro  Wood,  his  execu- 
tors, administrators,  and  assigns,  to  commence,  sue.  and  prose- 
cute all  such  suits  and  actions,  as  shall  be  deemed  exjiedient, 
against  any  i)ers<)n  or  persons  who  sliall  be  guilty  of  any  such 
infringement;  and  for  this  |)urpose  the  said  Jethro  Wood  con- 
stitutes the  said  John  Brown,  his  executors,  administrators,  and 
assigns,  the  l.awtiil  attorney  or  attorneys  irrovocalile  of  him,  the 
«aiii  Jetiiro  Wood,  at  tlie  costs  and'to  the  use  of  the  said  J<jhn 
Jirown.  ills  executors,  administrators,  and  assigns,  to  commence 
and  [trosfciite,  in  the  name  of  the  said  Jethro  Wood,  all  such 
suits  and  actions  aforesaid. 

in  witnesH  whereof,  the  [tarties  to  these  presents  have  hereunto 
set  their  hamls  and  seals  the  dav  and  vear  first  above 
written.  JKriiliiJ   W'ool).   [skai,.J 

Sealed  an>l  delivered  )                      JUllN    IfliOW  N.     |skai,.J 
ill  presence  of        \  

:        6  CKWT 


Ackiiowiedgment,  as  in  No.  13.  •   "*■•■•  ■"^• 

"  ^  STAMP. 


FORMS  UNDER  THE  PATENT  LAWS.  241 

license  to  use  an  invention  on  payment  of  royalty. 

18.    License  to  use  an  invention  on  payment  of 

ROYALTY. 

"Whereas  certain  letters  {)atent  of  the  United  States,  bearing 
(lute  the  lOtii  day  of  May,  IHOO,  wore  issued  to  Kufus  Dutton,  uf 
tlie  city  and  State  of  New  York,  for  inijirovenients  in  Harvest- 
ing Mai'liiiies,  whicli  said  letters  i)atent  were  afterwards  surren- 
dered, and  new  and  reissued  letters  patent,  for  the  same  inven- 
tion, issued  to  said  Rufus  Dutton,  on  tlie  1st  day  of  June,  1863, 
as  by  reference  to  said  letters  patent  will  more  fully  appear; 

And  whereas,  Robert  Brown,  of  Providence,  Rhode  Island,  is 
desirous  of  obtaining  a  license  to  use  the  improvements  so  pat- 
ented to  said  Dutton  in  and  upon  mowing  aiul  reaping  machines, 
to  be  manufactured  and  sold  by  him,  said  Hrown: 

Now  this  indenture  witnesseth,  that  the  said  Rufus  Dutton, 
for  and  in  consideration  of  one  dollar,  to  him  in  hand  paid  by 
said  Robert  Brown,  and  of  the  covenants  hereinafter  contained, 
and  to  be  kept  and  performed  by  said  Brown,  has  given  and 
granted,  and  by  these  presents  does  give  and  grant,  unto  the 
said  Robert  Brown,  his  executors,  administrators,  and  assigns, 
the  liberty,  license,  power,  and  authority  to  make,  use,  and  sell, 
within  and  for  the  State  of  Rhode  Island,  for  and  during  the 
unexpired  term  of  said  i>atent,  the  said  improvements  so  patented 
under  and  by  said  letters  patent,  upon  the  terms  and  ct)ndition9 
herein  contained,  and  upon  tlie  payment  of  the  sums  of  money 
as  herein  provided,  and  not  otherwise. 

1st.  The  said  Robert  Brown,  for  himself,  his  executors,  ad- 
ministrators, and  assigns,  covenants  and  agrees  to  pay  to  said 
Rufus  Dutton,  his  executors,  administrators,  and  assigns,  as 
patent  fee  or  roy.alty,  the  following  sums  of  money  upon  all 
mowing  and  reaping  machines  manufactured  and  sold  by  him, 
containing  and  using  said  improvements,  or  either  of  them,  or 
any  substantial  part  thereof,  as  follows,  that  is  to  say  :  npoa 
each  and  every  one-horse  machine,  the  sum  of  five  dollars; 
upon  each  and  every  two-horse  machine,  six  dollars;  and  upon 
each  mowing  and  reaping  machine  combined,  the  sura  of  seven 
dollars  and  fifty  cents. 

2d.  The  said  Robert  Brown,  for  himself,  his  executors,  ad- 
ministrators, and  assigns,  also  covenants  and  agrees  to  keep  full 
and  correct  books  of  account  of  any  and  all  mowing  and  reap- 
ing machines,  and  of  the  several  kinds  or  sizes,  which  he  or 
they  may  manufacture,  containing  or  using  the  said  invention, 
which  said  books  of  account  shall  be  open,  at  all  rAs()Qable 
11 


242  FORMS  UNDER  THE  PATENT  LAWS. 

LICENSE   TO   USB   AN   INVENTION   ON   PATIIENT   OF  KOYALTT. 

times,  to  the  inspection  of  said  RufiisDutton  and  his  representa- 
tives, or  ins  or  tiieir  attorney,  and  on  tlie  first  day  of  September 
of  each  and  every  year  to  make  a  true  return,  under  oath,  of  all 
such  machines  manufactured  and  sold  by  him  or  tliem  during 
the  i>ast  year,  and  also  remaining  unsold;  and  witliin  thirty 
days  tliereafter  to  pay  to  said  Itufus  Dutton,  or  his  rei)resenta- 
tives,  upon  all  such  machines  so  manufactured  and  sold,  tiie 
patent  rent  or  royalty,  as  hereinbefore  [irovided,  and  agreeable 
to  t)ie  returns  herein  recjuired. 

3d.  Tlie  said  Robert  Brown  further  covenants  and  agrees,  for 
himself,  his  executors,  administrator.-!,  and  assigns,  to  mark  or 
paint  on  each  and  every  machine  made  and  sold  by  them  under 
this  license,  using  or  employing  said  invention  or  any  j)art  thereofj 
the  words  and  figures,  "  Patinted.  May  10,  18f.O;  June  1,  1S63." 

4th.  The  said  Uufus  Dutton,  for  himself,  his  executors,  ad- 
ministrators, and  assigns,  covenants  and  agrees,  that  he  or  tliey 
will  not  grant  licL-nses  to  any  other  parties,  to  make  and  sell 
machines  using  or  emjjloying  said  iiiventi«)n,  for  a  less  patent 
rent  or  royalty  than  above  sjieciticd,  without  making  correspond- 
ing reductions  to  the  said  jiarty  of  the  second  part. 

5th.  Upon  the  failure  of  said  pirty  of  tiie  second  part,  his 
executors,  administrators,  or  assigns,  at  any  time  to  faithfully 
carry  out  and  i)erlorm  any  or  either  of  the  said  herein  contained 
conditions  and  jjrovisions,  the  said  Rufus  Dutton,  his  exec- 
utors, administrators,  or  assigns,  may  revoke  and  annul  this 
liceJise,  first  giving  said  Robert  Brown  thirty  days'  notice  there- 
of, in  wliich  case  this  license,  and  all  rights  and  privileges  here- 
under, shall  forever  cease  and  determine. 

In  witness  whereof,  the  said  Rufus  Dutton  has  hereunto  set 
liis  hand  and  seal,  this  tenth  day  of  May,  a.  d.  18GG. 

Sealed  and  delivered  (  RUFl'S  DUTTON.    [l.  s.] 


in   presence  of 


I,  the  Baid  Robert  Brown  above  named,  hereby  accei)t  the 
above  license,  ami  bind  mys.df,  my  executors,  administrators, 
and  aHsiguH,  to  observe  faithfully  all  and  ea<;h  of  the  obligations, 
jonditions,  and  covenants  tiierein  contained. 

In  witness  whereof,    I    have  hereunto  set  my  hand  and  seal, 

tliirt  tenth  day  of  May,  A.  n.  iHdO. 
Sealed  and  delivered  /                 ROBERT  BROWN,    [l.  b.J 
in  preuencu  of        (  

Acknowledgment,  as  in  No.  13.  :   j^t*'*"     : 

STAMP. 


INDEX 

TO 

patejN't  laws 


References   thus  (*)   are  to   sections ;    otherwise,   to  notes. 


A. 


REF. 


ACTION'S   RESPFX'TIKG    PATENTS —  ^^°^ 

U.  S.  Circuit  Courts  have  original  cognizance  of . . . .  147  *17 

jurisdiction  of  such  courts  exclusive  as  to   147  1 

may  be  brought  at  law  or  in  equity 148  4 

subject  matter  of,  governs  jurisdiction 143  6 

citizenship  of  parties  docs  not 148  5 

amount  in  controversy  does  not 148  5 

general  issue  pleadable  in 139  *15 

special  matter  given  in  evidence  with 139  *15 

special  pleas  allowed  in  place  of  notice 141  2 

botli  notice  and  special  pleas  not  permissible 141  3 

for  inlringcment  of  patent 137  *14 

assigii'jis  of  exclusive  right  only  can  bring 13S-9  c  1-5 

assignc'-  of  a  part  interest  cannot  maintain 139  G 

cannot  be  brought  by  a  licensee  in  his  own  name. . .  139  7 

damages  recoverable  in  such  actions 137  *14 

when  maintainable,  when  patent  loo  broad 164  *9 

common-law  rule  as  to,  moditicd 165  a\ 

right  to  in  such  case  lost  by  not  filing  disclaimer  ...  165  *9 

for  making  articles  as  patented,  when  no  patent. ...  183  *5 

of  debt  proper  in  such  case 184  6  2 

for  neglect  to  stamp  articles  "  patented  " 185  *6 

to  recover  penalties,  when  to  be  brought 184  c 

INDEX  TO  LAWS  PRIOR  TO  ACT  OF  1836. 

ACTION'S    RESPECTING    PATENTS — 

on  the  case,  for  infringement 82  *4 

on  the  case,  for  infringement .    89  *5 

ou  the  case,  for  infringement 100  *3 

jurisdiction  in  equity  conferred 101 

Circuit  Courts  U.  S.  to  have  original  cognizanco.  ...  101 


244  INDEX  -TO  PATENT  LAWS. 


REFERENCES  THUS  (*)  ARE   TO   SECTIONS  ;    OTHERWISE,   TO   NOTES. 


>BF. 


Actions  respecting  Patents — continued.  y><- 

cosLs  in,  when  in  discretion  of  court 110  *16 

costs  in,  wlicn  not  recoverable ItkS  *Q 

Addition.\l  Isii'rovements — 

patent  for,  maj-  be  annexed  to  oripiiial  patent 131  ♦IS 

to  have  same  efl'ect  as  if  embraced  in  such  original 

patent 1.-14  ♦la 

fee.  in  granting 134  •is 

original  claim  subject  to  re-e.xamination,  on  applica- 
tion for 1G3  *8 

new  patent  may  be  taken  for,  if  preferred 137  dl 

patents  of  additions  no  longer  allowed 201  *9 

Administr.\tohs.  see  1''..\ECUT0RS. 

Affirm.vtion,  see  Oath. 

Agents,  Patent — 

Conmjissioner  may  refuse  to  recogniee 201  *S 

reasons  therefor  to  be  recorded  and  approved 201  *3 

Agents  to  transmit  Models — 

Commissioner  may  ai)point  not  over  twenty 167  *10 

authority  to  appoint  revoked 200  *6 

Aliens — 

may  receive  patent  same  as  citizens 114  *G 

fees  payable  by,  on  application 128  *D 

residents  for  one  year  niny  secure  caveat.  ...    131  *\2 

must  put  his  invention  on  sale  wiihin  18  months. . .  140  *15 

need  not  tndiavor  to  force  a  sale 143  A3 

American  assignees  of,  not  subject  to  such  condition  143  hi 

entitled  to  return  fee  on  withdrawal 168  *12 

residents  for  one  year  may  patent  design 1H2  *3 

residents  for  one  year  may  jiatent  design 203  *l  I 

pay  same  fee  as  eiiizeiis,  when 202  •lO 

Antedating  of  Patent.s — 

allowed,  not  to  exceed  six  months 126  •S 

Appeals  in  Actions  iiEsrECTiNG  Patents — 

to  Sup.  f'ourt  from  Circuit  Court 147  *I7 

as  from  other  jud^fn)ents  and  decrees 147  *n 

in  other  cases  deemed  roasonablo 147  *17 

such  cases  must  relate  to  construction  of  patent  laws  148  ft  I 


INDEX  TO  LAWS  PRIOR  TO  ACT  OF  1836. 

Actions  respecting  Patents — 

citizcnnhip  of  parties  immaterial 102  2 

as.Mi^rnee  of  part  of  u  patent  cannot  maintain 90  c  I 

such  assignee  may  join  with  pntenM-e 90  c  2 

when  (Circuit  Courts  may  declare  patent  void 92  e'i 

when  Circuit  Courts  hove  exclusive  jurisdiction  ....  92  e  3 


INDEX  TO  PATENT  LAWS.  245 

RErERENCEa   THUS  (*)  AKE   TO   SECTIONS  ;    OTHERWISE,    TO   NOTES. 

Appeals  in  Actions  resi'ectino  Patents — continued.    '•*<'''•  "'•»'• 

such  appeal  takes  up  the  wliole  case 143  b  2 

from  all  jud;,Mnent3,  without  regard  to  sum  or  value 

in  controversy 196 

Appeals  in  Cases  of  Applications  for  Patents — 

from  Examiners  to  Examincrs-in-Chief 193  *2 

not  allowed  until  after  second  rejection 1 99  *3 

from  Examiners  to  Commissioner  not  permissible  .  .1   1!'9  3,  4 

from  Examiners-in-Cliief  to  Commissioner 198  *2 

in  cases  of  rejection  of  application 121  *7 

in  cases  of  interference 125  *8 

from  Commissioner  to  Board  of  Examiners 121  *7 

Board  of  Examiners  abolished 1T9  *12 

from  Commissioner  to  Chief  Justice  Cir.  Ct,  Dist.  Col .    1 76  *1 1 

from  Commissioner  to  Ass't  Justice  Cir.  Ct.,  Dist.  Col  .190  *2 

from  Commisnioner  to  Ju.^ticce  Sup.  Court,  Dist.  Col.    125  2 

may  be  taken,  when  no  oi)posing  party 125  3 

may  be  taken  by  either  interferant 127  7-9 

in  case  of  granting  as  well  as  refusing  a  patent  ....   127  7 

no  limitation  as  to  time  of 125  5 

to  be  now  made  within  the  time  fixed 176  *11 

if  not  so  made,  right  of,  lost 177  &  2,  4 

time  for,  may  be  enlarged 177  63 

reasons  of  appeal  to  be  filed 176  *11 

fihng  such  reasons  constitutes  the  appeal    177  61 

such  reasons  not  to  be  vague 177  c  1 

reasons  must  be  sufficient  for  refusal  of  patent 178  2 

reasons  must  be  clearly  expressed 178  4 

appeals  determined  on  evidence  before  Commissioner  176  *11 

appeals  determined  on  evidence  before  Commissioner  178  dl-3 

when  further  proof  may  be  taken 178  di 

Commissioner  to  produce  original  papers  and  evidence  176  *1I 

powers  of  judges  in,  to  be  strictly  construed 178  c  2 

judges  to  be  confined  to  points  in  reasons  of  appeal.   178  eS 

decision  of  judges  to  govern  Commissioner 177  *11 

but  only  as  to  what  involved  in  reasons  of  appeal  . .    179  ?  1,  2 

Commiss'r  or  Examin'rs  may  be  examined  on  appeal  177  *11 

examination  of,  to  what  extent 179  /I 


INDEX  TO  LAWS  PRIOR  TO  ACT  OF  1836. 

Actions  respecting  Patents — 

general  issue  and  notice  in 83 

general  issue  and  notice  in 90 

objects  of  notice  of  special  matter 91 


*6 
*6 
12 


what  defences,  not  enumerated,  allowed 92       d  1,  2 

Patent,  prima  facie  evidence  in S3  *6 


246  INDEX   TO   PATENT   LAWS. 

REFERENCES   THUS  (*)  ARE  TO   SECTIONS  ;   OTHERWISE,   TO  NOTES. 

Appeals  in  Cases  op  ArPi.icATioxs  for  Patents —      PAn*  »«'• 

are  not  counsel  for  Patent  0;lice,  or  parties 179  /3 

foes  on  appeal  from  Examiner.s-inChief  to  I'ommis'r  202  *10 

fees  on  appeal  from  Commissioner  to  Justices  Sup- Ct.   17G  *11 

Applioatioxs  Foii  Patents — 

may  be  made  by  citizens  or  aliens 114  *6 

dcsciiption  of  invention,  how  to  bo  set  forth  in 114  *«3 

description  in,  adapted  to  ordinary  comprehension  .  .    117  hi,  'i 

description  must  be  of  record 117  /*  3 

object  of  description 117  hi 

drawings  and  model  to  be  furnished  with 115  *<j 

verification  of,  what  required  in 115  *o 

two  distinct  invenli  ns  cannot  be  included  in 117  g 

but  dillerent  modes  of  applying  invention  may  be  in- 
cluded     113  tl 

on  filing  of,  examination  to  be  made 120  *7 

when  patent  to  issue 120  *7 

if  (Ufcctive,  applicant  to  have  notice 120  *1 

apjilicant  may  amend  or  withdraw 120  *7 

if  rejected,  applicant  may  appeal 121  *7 

interfering,  ai)peal  may  be  taken 125  *8 

intt-rfering,  remedj-  by  l^iil  in  equity 145  *l 6 

when,  may  be  placed  in  secret  archives 12G  *8 

for  patents  for  designs,  who  may  make 182  *3 

for  patents  for  designs,  who  may  make 203  *l  1 

to  be  completed  within  two  years 204  *12 

when  to  be  regarded  as  abandoned 204  *13 

Art — 

patent  may  be  granted  for 114  *6 

does  not  mean  art  in  abstract 115  1 

means  a  useful  art  or  manufacture 115  1 

can  l>e  protected  only  in  mode  described 115  1 

word  "art"  not  used  in  Knglish  patent  laws 116  2 

ASSIUNKK    OK    IXVKNTIOV    OR    PaTENT 

patent  may  issue  to ICO  ♦G 

may  surrender  and  reissue  patent I'M  *13 

when  must  join  with  patentee  in  surrender 136  6  3 

benefit  of  renewal,  when  extends  to 150  ♦IS 

INDI':X  TO  LAWS  PRIOR  TO  ACT  OF  1836. 


Actions  KKSPKCTiMi  Patkni 

to  set  aside  patent  falsely  obtained 82  *5 

to  set  aside  patent  falsely  obtained 94  *10 

in  what  lascs  may  Ijo  brought 94  1 

objecffl  of  such  aftions 94  2 

damngea  recovcable  in,  for  infringements 81  *4 


INDEX  TO  TATENT  LAWS.  247 

REPEREXCE3  THUS  (*)  ARE  TO   SECTIONS ;    OTHEBTVTSE,    TO   X0TE8. 

Assignee  op  Invention  or  Patent — continued.              taoe  nr.r. 

extent  of  such  benefit  of  renewal 151-2  /  1-6 

may  maintain  action  for  infrinfrcmeut l-'H  *14 

but  must  i)e  assignee  of  an  exclusive  right 133-9  c  1-5 

when  cannot  maintain  such  action 139  c  6,  7 

when  may  have  action,  if  patent  too  broad 164  *9 

to  put  date  of  patent  on  articles  sold 184  *6 

when  not  compelled  so  to  do 185  2 

effect  of  failure  to  so  mark  articles 205  *13 

Assignment  of  Patent — 

to  be  in  writing 129  *  1 1 

kinds  of 130  1 

may  be  made  before  or  after  issue 130  4 

may  cover  future  improvements 130  5 

may  include  a  renewal 130  6 

one  tenant  in  common  may  make 130  7 

of  expired  patent  void 130  8 

to  be  recorded  in  Patent  OflDce,  and  when 130  *11 

when  subsequent  recording  sufficient 131  1 

of  lost  patents,  when  to  be  recorded  anew 154  *1 

fees  for  recording 202  *10 

B. 

Board  of  Examiners — 

creation  of,  and  who  to  compose 121  *7 

duties  of,  in  case  of  appeal  to 121  *7 

repeal  of  act  creating 119  ^12 

Chief-Justice  Cir.  Ct.,  Dist.  CoL,  substituted  in  place  of  1 76  *1 1 


C. 

Caveat — 

who  may  file 131  *12 

what  to  set  forth 131  *12 

what  need  not  sliow     132  b  3 

to  be  preserved  in  secrecy 131  'n 

rights  secured  by 132  ♦IJ 

INDEX  TO  LAWS  PRIOR  TO  ACT  OF  1836. 

Actions  respecting  Patents — 

damages  recoverable  in,  for  infringements 89            *5 

damages  recoverable  in,  for  infringements 99            *3 

AUENS-i- 

resideut  for  two  years  may  receive  patent 98            *1 

right  to  patent  extended  to  all  resident  aliens 105 


248  INDEX   TO   PATENT   LAWS. 

RBFFBREIiCES   THL'S  (*)  ARE  TO  SBOTIONa ;    OTUERWUiE,    TO   NOTES. 

Caveat — continued.  '*«■  ■«'• 

may  be  renewed  from  year  to  year 1  -12  o  2 

is  for  the  bcnelit  of  llie  inventor 132  61 

notice  to  Commissioner  as  to  what l-t2  b'i 

power  of  (  ommissioner  as  to 133  4 

neglect  of  Commissioner  to  give  notice  as  to  effect  of  133  8 

purposes  effected  by 133  5 

liow  far  evidence  of  invention 133  6 

not  evidence  that  invention  is  not  perfected 133  7 

■wlien  caveator  may  be  required  to  complete  invention  132  ♦ll 

time  of  completion,  how  computed 201  *0 

fee  on,  original]}' 131  *  1 2 

fee  on,  considered  a  part  of  patent  fee 131  *1 2 

fee  on,  no  longer  part  of  patent  fee 201  *3 

fee  on,  reduced 202  •lO 

CniEr  Clerk  of  Pat^t  Office — 

how  appointed,  and  duties  of   100  *2 

Acting  Commissioner  in  absence  of  Commissioner  . .  109  1 

certificate  of,  as  Acting  Commissioner,  valid 110  3 

prohibited  from  acquiring  interest  in  patents 109  *2 

to  take  oatl),  and  give  bonds 110  *J 

salary  of,  originally 109  *2 

salary  of,  as  increased 200  *4 

Chief-Justice  Ciuciit  Covrt,  District  Columbia — 

when  appeals  may  bo  made  to 17*5  *1 1 

compenBation  of,  on  appeals,  per  year  180  *13 

compensation  of,  on  appeals,  in  each  case 190  *2 

Justices  Sup.  Ct.,  l)ist.  CoL,  substituted  in  place  of  .  125  3 

Claim  of  Specification — 

what  to  s{>erify  ami  point  out 115 

conclusive  as  to  riglits  of  patentee 118  j  I 

most  material  part  of  specification 118  j2 

embraces  equivalents,  though  not  named 118  jS 

too  broad,  patentee  may  disclaim ISl  *1 

too  broad,  when  patent  will  be  held  good 161  *0 

Clbrks  in  Patent  Office — 

how  appoiDto<l 1 09  *2 

INDEX  TO  LAWS  PRIOR  TO  ACT  OF  1836. 

Alicnh — 

must  introduce  patent  within  one  year,  not  intermit 

its  use  for  six  months,  and  become  a  citizen  ...  105 
Afpeaij  to  Siprehe  CotuT — 

from  judjfmentH  of  Circuit  Court 101 

ArPLirATioMS  roii  Patents — 

may  b«  made  by  any  persons  who  are  inventors  ...     19  *! 


•f 


INDEX  TO  PATENT  LAWS.  249 


EBFERENCES  THUS  (*)  ARE  TO  SECTIONS ;    OTHERWISE,   TO  NOTES. 


Clerks  in  Patent  Office — continued.                              '•■*o"  *"''• 

required  to  take  oath 110  *3 

prohibited  from  acquirin;;  interest  in  patents 109  *2 

disbursing  clerk  to  give  bonds 191 

temporary  and  other,  appointment  of 1*53  *1 1 

temporary  and  other,  appointment  of IT 0  *2 

temporary  and  other,  appointment  of 187  *3 

temporary  and  other,  appointment  of 192 

COMMISSIONEK   OF   PATENTS 

how  appointed lO'j  *1 

general  duties  of If^'G  *1 

prohibited  from  acquiring  interest  in  patents 109  *2 

to  take  oath,  and  give  bonds 110  *3 

to  cause  seal  of  Patent  Office  to  be  made 110  •4 

to  furnisli  copies  of  records,  when  applied  to Ill  il 

to  furnish  copies  to  all  asking  for  same Ill  62 

to  countersign  letters  patent  112  *5 

to  make  annual  report ICO  *14 

to  prepare  lists  of  patents 1 T 1  *3 

may  frank  papers  connected  with  his  oflice lf>7  *1 

may  frank  Patent  Oflice  reports 187  *-t 

power  of,  to  restore  or  dispose  of  models 200  *5 

power  of,  to  appoint  examiners 200  *7 

may  cause  letters  patent  to  be  printed 206  *l-t 

power  as  to,  taken  away 207 

may  direct  papers  illegibly  written  to  be  printed  ...   201  *8 

when,  may  refuse  to  recotinizo  patent  agents 201  *8 

may  make  rules  as  to  ovidence  in  contested  cases  . .    179  ^12 

may  make  rules  as  to  evidence  in  all  cases 196  *1 

cannot  make  new  rules  of  evidence  or  law 180  1 

is  liimself  bound  by  such  rules ISO  2 

duties  of,  on  filinf,'  of  c  iveat 132  *I2 

what  acts  can  perform  on  it liJ.'i  •! 

neglect  to  give  notice  on,  effect  of 133  10 

duties  of,  on  applications  for  patent  for  inventions  . .    120  *7 

duties  of,  on  applications  for  patent  for  designs 203  *11 

bound  to  issue  patent,  when 120  *1 

INDEX  TO  LAWS  PRIOR  TO  ACT  OF  1836. 

Applications  for  Patents — 

confmed  to  citizens  of  United  States 84  *1 

right  to  make  extended  to  aliens 97  *1 

privileges  as  to,  further  extended  to  aliens 105  *1 

what  to  set  forth 87  *1 

to  be  verified 87  *1 

to  be  accompanied  by  drawings  and  model 87-8  *1 

11* 


960  INDEX   TO   PATENT   LAWS. 


RIFEBENCES  THUS  (*)  ARE  TO   SECTIONS  :    OTHEEWTSE,    TO   NOTES. 

OOJiMissioxER  OF  Patents — continued.  '*«■  ■*'• 

when  patent  issued,  power  ceases. 124  d 2 

power  remains,  until  patent  issued 1-4  d  3 

duties  of,  iu  cases  of  interference,  on  applications  . .  125  *S 

duties  of,  in  cases  of  interference,  on  caveat 133  *12 

may  allow  a  second  interference 126  4 

duties  of,  as  to  .surrenders  and  reissues 133  *\.'.i 

must  act,  has  no  discretion 135  G 

may  allow  reissues  in  several  parts 158  *5 

duties  of,  as  to  extensions 149  *1 3 

length  of  notice  required  in  such  cases 186  *1 

duties  of,  on  withdrawals,  to  refund  part  fee I'-O  *7 

duties  of,  extended  to  applications  bj'  foreigners. . . .  168  *12 

duties  of,  as  to  patents  issued  prior  to  Dec.  16,  1836  154-5  *!,  2 

Composition'  op  m.\ttek — 

patent  may  be  granted  for lit  '6 

specimens  of  ingredients  on  application  for 115  *6 

every  ingredient  need  not  bo  new 116  el 

combination  only  required  to  be  new 116  c  1 

difference  between  it  and  process 116  c2 

CONGRE.SS,    I'OWEK   OVEIt    rATI.NT.S — 

can  grant  privileges  only  to  inventors 9  1 

canuot  grant  jirivileges  to  introducers 9  1 

ascertains  and  dclines  property  iu  iuwutiona 10  6 

does  not  regulate  its  use 10  5 

euch  use  regulated  by  the  States 10  5 

laws  of,  superior  to  those  of  the  States 10  3,  6 

may  determine  wlieu  and  for  how  long  patent  may 

issue 10  12 

no  restriction  to  its  power 11  12 

may  modify  at  pleasure  laws  as  to  patents 11  13 

may  pass  retrospective  laws  as  to 11  14,  15 

may  reserve  riglits  and  privileges  to  assignees 11  16 

may  confer  further  term,  and  oven  after  expiration 

of  lirst H  17 

may  grant  a  second  extension 12  22 

fraud  in  acts  of,  not  presumed 11  18 

INDE.X;  TO  LAWS  PRIOR  TO  ACT  OP  1836. 

AEUITRATOKS.    is    CA8E.S    OK    iNTERriRENCE — 

how  and  by  whom  appointed 93  9 

award  of,  to  be  flnal 93  9 

refusal  to  sulmiit  to,  eflect  of 93  ^ 

AssioNKE  or  Invektion  oil  Patent — 

Bt.nnds  in  place  of  original  inventor 89 


*4 


may  maintain  action  for  infringement 81  4 


INDEX   TO   PATENT  LAWS.  251 

REFEEENCBS  THUS  (*)  ARE  TO  SECTIONS ;    OTUEa\VISE,    TO   NOTES. 


COKGHESS,   POSTER  OVER   PATENTS— Continued.  fAOK  Ksr. 

may  renew  a  patent,  or  decline  so  to  do 11  21 

may  grant  rights,  by  general  or  special  laws 12  24 

private  acts  are  considered  part  of  the  general  ones.     12  25 

both  to  be  construed  together 12  26 

Copies  of  Papeus — 

any  one  may  have Ill  *4 

Commissioner  required  to  give Ill  61,2 

certiOetl,  evidcnc«  when  originals  would  bo Ill  *4 

originals  cannot  bo  required Ill  a  I 

copies  must  be  received  when  offered Ill  a2 

prima  facie  evidence  of  correctness  of  originals Ill  a  3,  4 

defective,  how  corrected Ill  a5 

cannot  be  taken  by  third  persons Ill  c 

of  restored  patents,  when  evidence 155  *2,  3 

of  printed  patents,  when  evidence 206  *15 

fees  on  obtaining 202  *10 

Courts,  Jurisdictio-v  is  Patent  Cases — Supreme  Court — 

appeals  and  writ  of  error  ta  as  in  other  cases 147  *17 

and  in  other  cases  deemed  reasonable 147  *1 7 

what  are  reasonable  cases 148  6  1 

whole  case  goes  up  in  sucli  cases 1-18  b  2 

from  all  judgments,  without  regard  to  sum  or  value 

in  controversy 196 

Courts,  Jubisdictiov  in  Patent  Cases — Circuit  Courts — 

have  original  cognizance  of  actions  as  to  patents. . .  .  147  *17 

exclusive  as  well  as  original  cognizance 147  a  1 

as  well  in  equity  as  at  law 147  *17 

actions  may  be  brought  in  equity  or  at  law 143  4 

jurisdiction  of^  depends  only  on  subject-matter 143  5 

may  issue  injuuctions 147  *17 

equity  jurisdiction  same  as  in  England 147  2 

jurisdiction  irrespective  of  right  to  injunction 148  3 

does  not  extend  to  bill  for  specific  performance 148  6 

nor  to  enforce  covenants  of  license 143  7 

parties  to,  need  not  live  in  district 148  8 

defendant  must  be  served  in  district 148  9 

INDEX  TO  LAWS  PRIOR  TO  ACT  OF  1836. 

Assignee  of  Invention  or  Patent — 

may  maintain  action  for  infringement 89  *5 

of  part  of  patent,  cannot  bring  action  . . .  .■ 90  c  1 

in  such  case  must  join  with  patentee 90  c  2 

Copies  of  Papers — 

who  may  have 81  *3 


252  INDEX  TO  PATENT  LAWS. 

REFKUENCE3  THUS  t*)  ARE   TO   SECTIONS;    OTHEEWISK,   TO   NOTES. 

Courts,  Jurisdiction  in  Patent  Cases — Circuit  Courts —  ""aoi  «kf. 

when  may  declare  patents  void 115  *1  G 

extended  in  such  cases 175  *10 

jurisdiction  exohisive  in  sucli  case 147  4 

assit^nee  may  maintain  such  action 146  3 

power  to  order  patent  to  issue 146  ♦IB 

when  may  treble  damages 137  •14 

such  power  discretionary 133  2,  7 

may  treble  damages,  though  costs  not  recoverable  . .   138  8 

D. 

Damages  in  Actions  for  Infringement — 

jury  to  find  actual  damages 137  ♦li 

actual,  those  fixed  by  verdict 138  3 

not  to  bo  exemplary  or  punitory 133  4 

only  compensatory 138  6 

cannot  include  counsel  foes 138  6 

court  may  treble  the  damages 137  *14 

discretionary  wliether  bo  to  do 138  2,  7 

may  be  increased,  though  costs  not  recoverable  ....   138  8 

object  of  increasing 138  9 

Defences,  see  General  Issde. 

Designs,  Patent  for — 

citizens  and  aliens  may  take 182  *3 

citizens  and  aliens  may  take 203  *1 1 

term  of,  originally,  seven  years 182  *3 

fee  of,  originally,  fifteen  dollars 182  *3 

term  of,  3i,  or  7,  or  14  years 203  *1 1 

term  may  be  extended  seven  years 1103  *J  1 

fees,  on  issue  of 204  *\  1 

utility  of,  not  necessary  for  a  patent 204  1 

must  bo  result  of  industry,  genius,  Ac 201  2 

titles,  trad(  marks,  Ac,  when  jialcntablo  as 201  6,  6 

Diqest  ok  Patents — 

('omraisKioner  authorized  to  publish , 171  *3 

INDKX  TO  LAWS  PiUOR  TO  ACT  OF  183G. 

CoriEfl  OF  Pai'kiis — 

copy  fli>eriflcati()n,  how  far  evidence 81  *2 

copy  B|KTiUcation,  liow  far  evidence 88  *3 

copies  not  allowi  d  to  every  one OG  'i 

fees  r)n  obtniiiing "J5  *]0 

CODBTH,  JfRisniCTioN  OF — Su])romo  Court — 

opppnl^  on<i  writs  of  error  to 101 

lie  aa  from  other  judgments 101 


INDEX   TO   PATENT   LAWS.  253 
references  thus  (*)  are  to  sections ;  otherwise,  to  notes. 

Disclaimer  op  Patent —                                                 pack  kkf. 

who  may  make IGl  *7 

to  state  the  interest  of  disclaimant IGl  *1 

to  be  in  writing,  and  witnessed,  and  recorded 101  *7 

to  be  considered  as  a  part  of  patent IGl  *7 

how  far  affects  pending  actions 101  *7 

if  not  tiled  before  action,  costs  not  recoverable 165  *9 

effect  of  unreasonable  delay  in  filing 165  *9 

when  necessary,  on  application  for  reissue 103  *8 

law  as  to,  penal  and  not  remedial 101  1 

when  patentee  must  disclaim 163  2 

what  may  be  disclaimed 102  3 

when  should  set  forth  what  is  claimed 162  4 

interest  of  disclaimant,  statement  of 162  6  1 

when  does  not  operate  in  favor  of  assignees 162  c  1 

when  does  not  affect  prior  grantee 162  c  2 

when  ma}'  be  received  in  evidence 163  6 

disclaimed  part  may  be  covered  by  reissue 1G3  6 

should  be  filed  before  suit 163  d  2 

effect  of  not  so  filing 163  d2,  3 

when  applies  to  suits  pending 163  d  1 

when  applies  to  suits  brought  after 163  d  1 

fees  on  filing 202  ♦lO 

Draughtsman  of  Patent  Office — 

how  appointed,  and  salary  of 109  *2 

additional  compensation  for 191 

Drawings  of  Invention — 

to  accompany  apphcations 115  *6 

to  be  witnessed  by  two  witnesses 115  *6 

size  of 119  6 

may  be  resorted  to,  to  aid  description 118  kl 

references  on,  when  not  necessary 118  ifc  2,  3 

may  be  signed  by  inventor,  or  his  attorney 118  k4 

duplicate  required IGO  fi 

photographs,  when  permitted,  in  place  of 119  7 

INDEX  TO  LAWS  PRIOR  TO  ACT  OP  1836. 

Courts,  Jurisdiction  of — Circuit  Courts — 

in  actions  on  the  case  for  infringement 81  *4 

in  actions  on  the  case  for  infringement 89  *5 

have  original  cognizance  of  actions  as  to  patents. . . .   10.1 

jurisdiction  of  all  ciises  in  equity  and  at  law 101 

jurisdiction  of,  not  exclusive lOii  3 

jurisdiction  not  enlarged  as  to  subject-matter 102  2 

Courts,  Jurisdiction  of — District  Courts — 

power  to  repeal  letters  patent 82  *5 


254  INDEX  TO  PATENT  LAWS. 

BEFEBEirCBS  THVS  (*)  ABB  TO  SECTIONS ;   OTHEBWISB,   TO  K0TS8. 


E. 

EriDEycE  nr  Cases  before  the  Patetxt  Otkice —  ^ao»  ««r. 
Commissioner,  may  make  rules  as  to,  in  contested 

cases 179  ♦n 

power  to  make  rules  extended  to  all  cases 196  *! 

new  rules  of,  cannot  bo  maile 180  1 

Buch  rules  bind  Commissioner 180  8 

revocation  of,  afiecta  oulj  subsequent  proceedings  . .  180  3 

such  cases  must  be  just  and  reasonable 180  4 

before  whom  may  be  taken 196  1 

witnesses  may  be  comi)elled  to  give 197  *! 

how  far  witnesses  privileged  from  giving 197  *1 

fees  to  be  paid  to  witnesses 193  *1 

how  far  copies  of  papers  are Ill  *4 

how  such  defective  copies  corrected Ill  a  5 

printed  copies  of  patents,  when  evidence 20G  *15 

Ea'amixeus  in  Patent  OrncE — 

board  of,  to  determine  appeals,  created 121  *7 

duties  of,  transferred  to  Chief-Juslico  Cir.  Ct.,  D.  C.  176  »ll 

duties  of,  may  be  j)erformed  by  Assistant  Justices. .  190  *2 

now  exercised  by  Justices  of  Supreme  Ct.,  D.  C. ...  177  a  2 

m  chief,  appointment  of 198  *2 

to  revise  decisions  of  primary  examiners 198  ♦2 

governed  by  rules  of  Commiasioner 198  *2 

appeals  from,  to  Commissioner 193  *2 

appeals  to,  from  primary,  when 199  ♦S 

are  judicial  and  iudei>eudout  officers 199  2 

Commissioner  can  overrule  their  acts  only  on  appeal.  199  3 

salary  of 198  *3 

principal,  appointment  of,  one 1 09  *2 

priuciiJcol,  ajipoiutineiit  of,  two 185  *! 

principal,  apj)ointmeiit  of,  two 189  ^2 

principal,  apiKiiiitmcnt  of,  four 192  ♦lO 

princij);!!,  appftinlmout  of,  two 19;i  ♦O 

Commissioner  may  appoint 200  ^7 

are  judicial  and  independent  ofTli^crs 199  2 

Conunissioner  can  control  acta  of,  only  on  appeal  . . .  199  3 

rated  as  fourth-class  clerks 1 93  ^26 

INDHX  TO  LAWS  PRIOR  TO  ACT  OF  183«. 

CotJBTS,  Jt'BiHDKTiOH  OF — District  Courts — 

power  to  repeal  lelU'rn  potent 94  *10 

extent  of  jurisdifliun  in  such  cases 94  1 

objects  of  such  pnx^edings 91  2 

restoratioD  of  suspoudod  suits  in 9G-7 


INDEX  TO  PATENT  LAWS.  265 

REFERENCES  THUS  (*)  ARE   TO   SECTIONS  ;    OTHERWISB,    TO   NOTES. 

ExAJfiNEns  IN  Patent  Ofhce — continued.                        pa'*"  R'-'- 

salarv  of 109  *2 

ealary  of 191  *3 

assistants,  appointment  of,  two 170  ♦l 

assistants,  appointment  of,  two 185  *1 

assistants,  appointment  of,  two 188  *2 

assistants,  appointment  of,  six 191  *3 

assistants,  appointment  of,  four 192  *I0 

assistants,  appointment  of,  two 193  *9 

Commissioner  may  appoint 200  *7 

rated  as  third-class  clerks 193  *25 

Balarj-  of 170  *l 

salary  of 191  *3 

power  of,  as  to  interference 198  *2 

power  of,  in  extensions 198  *2 

Extension  of  Patents — 

patentee  may  apply  f)r 149  *18 

patentee  same  as  inventor 150  a  1 

administrator  may  apply  for 150  a  2 

.and    though   patentee  had  no  interest  in   existing 

patent 151  3 

application  to  be  made  to  Commissioner 149  *18 

Board  appointed  to  determine  as  to 149  •IS 

Commissioner  substituted  for  Board 185  *1 

decision  of  Commissioner  conclusive 151  c3 

notice  of  time  and  place  of  hearing  to  be  published  .   149  ♦IS 
applications  for,  to  be  filed  ninety  days  before  expi- 
ration     205  ♦n 

sixty  days'  notice  of  hearing  to  be  given 186  *1 

notice  to  be  published 205  *12 

object  of  notice  of  application 151  c  1 

application  to  be  referred  to  examiner 186  *1 

report  of  examiner  may  be  reviewed  by  examiner  in 

chief 198  ♦2 

on  what  principles  granted  or  refused 186  *1 

effect  of  extended  patent 150  *18 

extended  patent  gives  same  rights  as  original 151  «4 

original  patent  becomes  one  for  twenty -one  years. . .   151  e5 

not  to  be  extended  over  seven  years 186  '1 

of  patents  issued  since  March  2,  1861,  prohibited. . .   206  •le 

INDEX  TO  L^VWS  PRIOR  TO  ACT  OF  1836. 

Damages  in  Actions  fob  Infringement — 

such  as  jury  may  assess,  and  forfeiture  of  thing  made     81  ♦■4 

equal  to  three  times  amount  of  license  price 89  *5 

equal  to  three  times  actual  damage  sustained 99  *3 


256  INDEX   TO   PATENT   LAWS. 

RKFERESCES   THUS  (*)  ABE   TO   SECTIONS  ;    OTUEBWISK,  TO   NOTES. 

Extension"  of  Patents — continued.  rxom  bv. 

.except  as  to  patents  for  designs 204  *ll 

not  granted  after  expiration  of  patent 150  *18 

benclii  of  in  favor  of  assignees 150  *18 

how  far  inures  to  assignees 151-2  /1-6 

applies  to  past  as  well  as  future  patents 151  el 

but  one  extension  provided  for 151  e2 

may  be  again  extended  by  Congress 151  e  6,  7 

fee  on  application  for 202  *10 

fee  on  granting  of 202  *1 0 

F. 

Fees — 

on  filing  caveat 131  *12 

to  be  considered  part  of  patent  fee 131  ♦12 

no  longer  to  be  part  of  such  fee 201  *9 

fee  reduced 202  *10 

on  application  for  patent 128  *9 

on  filing  original  application 202  *10 

on  issuing  original  patent 202  *10 

on  application  for  improvements 134  ♦IS 

applications  for  improvements  abolished 201  *9 

on  ai)plication  for  reissue 134  ♦IS 

fee  in  such  case  increased 202  *10 

on  application  for  extension 149  *18 

.  fee  increased  in  such  ca.se 202  *1 0 

on  granting  extension 202  *1 0 

on  iipplication  for  patent  for  designs 182  *3 

fees  in  such  cases  modified 203  *1 1 

on  filing  disclaimer ICl  *7 

on  filing  disclaimer 202  *10 

on  appeals  to  Commissioner 202  'lO 

on  ap|)oals  to  Justices  Supremo  Court 122  ♦I 

for  recording  assignments 130  *1I 

increased  in  such  cases 187  ^2 

re-enactment  of  provision  as  to 202  ♦lO 

for  cojiies  of  papers  and  drawings Ill  *4 

re-enactment  of  provision  as  to 202  ♦lO 

to  what  persons  may  bo  paid 128  a 


INDEX  TO  LAWS  PRIOR  TO  ACT  OP  1836. 

EiTEXflios  or  Patints — 

by  application  to  Congress 102  ♦J 

refjuiHites  of  application 103  *2 

previous  extenaioa  only  by  private  acts 103  2 


INDEX   TO   PATENT   LAWS.  257 

EEFERE.VCES  THUS  (*)  ARE   TO   SRCTIOXS  ;    OTHERWISE,    TO   NOTES. 

Fees — continii(?d.                                                                 paob  bef. 

paid  by  mistake,  may  be  refunded 181  *1 

of  witnesses  on  examination 198  *1 

Foreign  Patents — 

not  to  be  obtained  over  six  months  prior  to  home 

patent 126  *8 

such  issue  of  no  longer  affects  home  patent,  provided 

invention  not  put  in  public  use  in  U.  S 17 1  *i) 

home  patent  to  run  from  date  of  foreign 171  *6 

in  what  cases  this  proviso  applies 172  3,  4 

date  of  home  patent  may  be  altered  to  correspond  .  .    172  1 

misdating  home  ])atent  not  fatal 172  a2,  G 

Fraxkixg  privilege  of  COMMISSION'ER — 

may  frank  letters,  ic.  connected  with  his  office. . . .   107  *1 

may  frank  Patent  OlDce  reports 187  *4 

€}. 

General  Isslt; — 

defendant  may  plead,  with  notice'special  matter.  . . .    139  *15 

is  enlargement  of  mode  of  defence 140  a  1 

but  defendant  may  plead  specially Itl  a  1,  2 

notice  and  special  pleas  not  botli  permissible 141  a  3 

order  of  court  not  necessary  to  file  notice  ...    141  b  1 

defective  notice  may  be  corrected 141  b'2 

covers  depositions  taken  before  notice  filed 141  6  3 

notice  special  matter  not  proper  in  equity  suits  ....   141  b  5 

object  of  notice 143-4  tl,  2 

how  particular  notice  must  be 144  3-6 

what  defences  may  be  set  up  by  notice 139  *15 

1. 

Ikfrixgemext  of  Patent,  see  Actions  and  Damages. 

Inteufeking  ^Vppi.ications — 

parlies  to,  entitled  to  notice 125  *3 

Commissioner  to  decide  upon 125  *S 

must  be  as  to  patentable  matters 126  1 

implies  substantial  identity 12G  3 

INDEX  TO  LAWS  PillOR  TO  ACT  OF  183G. 

Fees — 

on  obtaining  letters  patent 83  *7 

on  deposit  of  petition Uo  *11 

for  copies  o'"  specification  and  model 81  *3 

for  copies  of  papers  and  drawings Oo  *11 


258  INDEX   TO   PATENT   LAWS. 

RKFERKNCES  THUS  (*)  ARE  TO  SECTIONS  ;   OTHERWISE,   TO   NOTES.       ' 

Interfkriko  Ari'LiCATiONS — continued.                               pao*  ««'• 

may  exi.«t  between  application  and  reis.sue 126  3 

second  may  be  declared  between  same  parties 12(i  4 

Fccond  only  a  rehearing  of  first 127  5 

appeal  in  cnses  of 125  ♦S 

remed}'  as  to,  by  bill  in  equity 145  *1(J 

assignee  tony  file  such  bill 146  c  3 

when  caveator  entitled  to  notice  of 132  *12 

Introducer  or  Invention — 

nut  protected  by  acts  of  Conpres.s 9  1 

the  several  States  may  grant  privileges  to 9  2 

Invention,  wiikv  rATKNTAin.K — 

must  be  new  and  useful 114  *G 

not  known  or  used  by  others  than  inventor 114  *6 

not  in  use  or  on  sale  with  inventor's  consent 114  *6 

not  known  so  as  to  bo  accessible  to  the  public 117  <3 

use  for  two  years  before  application  permitted 172  *7 

such  use  extends  patent  two  years 173  2 

object  and  cQect  of  such  provision 173  3-8 


L.. 

Librarian  of  Patf.nt  Office — 

appropriation  to  pay 1  ^0 

rated  as  u  clerk  of  the  third  class 193  ♦25 

salary  of,  established 1  '.»9  *4 

Library  ok  Patknt  Office — 

establishment  of,  and  appropriation  for I(i2  *19 

appropriation  for 190-1 


in. 

tlACinSF.,    PATENT    FOR — 

principle  and  ni'xies  of  application  of  to  bo  stntod  ...  1  15  ♦C 

includes  all  niochaiiii-al  dcvicoa  or  coinbinnlions.  ...  1  Ifi  M,  6 

one  patent  (uiiy  include  all  nioilos  conteinplalcd  ....  118  t  1 

inventor  muHt  doMcribe  the  diflbront  modes 118  i  2 

INDEX  TO  LAWS  PUIOIl  To  ACT  OF  183G. 

Gbnrral  Irsie — 

ploadablo,  with  notice  of  special  matter 83  'G 

pl'-adablo,  with  notice  of  B|X)cial  matter 90  *r, 

object  of  Huch  provision 91  a  2 

such  notice  for  security  of  plaintiflT 91  03 


INDEX   TO    PATENT   LAWS.  259 

REFEBEJfCES   THUS  (*)  ABE   TO   SECTIONS  ;    OTHERWISE,    TO   NOTES. 

Machine,  Patent  for — continued.                                    paob  kkf. 

abstract  effect  or  function  of,  not  patentable 116  6  2 

is  the  result  of  invention 116  6  5 

"improved   machine"   and    "improvement   on   ma- 
chine "  equivalent ]1G  dl 

Machinist  in  Patent  Office — 

appointment  of,  and  salary 109  *'2 

rated  as  a  thinl-class  clerk 103  *25 

MANrKACrURE,  ARTICLE    OF — 

patent  may  be  pranted  for 114  *G 

Messencer  in  Patent  Office — 

appointment  of,  and  salary 109  *2 

Models  of  Inventions — 

required  on  applications. . , 115  *G 

to  be  classified  and  arranged 15;}  *20 

lost  or  destroyed,  duplicates  to  be  procured 167  *4 

when  may  be  restored  by  Commissioner 200  *5 

are  part  of  the  letters  patent 119  1 1 

how  made,  and  size  of 119  12 

may  bo  dispensed  with,  in  case  of  design 200  *5 

Money  Paid  bv  Mistake — 

fees  so  paid  to  Patent  OflBce  may  be  refunded 181  *1 

X. 

Notice  of  Existing  Patent — 

patentees  and  assignees  to  give 20o         *13 

effect  of  not  doing  so 205  *13 

Notices  of  Interferences,  see  Interfering  Applications. 

Notices  of  Special  Matter,  see  General  Issue. 

O. 

Oath  in  Patent  Proceedings — 

required  on  applications  for  patents 115  *G 

not  essential  to  validity  of  patent 119  t?>  1 

INDEX  TO  LAWS  PRIOR  TO  ACT  OF  1836. 

Interfering  Applications — 

submission  of,  to  arlntrators 93  *9 

refusal  to  submit,  effect  of 93  b 

Invention,  Patentable — 

must  be  useful,  not  before  known  or  used 79  *1 

must  be  useful,  not  known  or  used  before  application  84  *1 

not  known  or  used  by  public 85  3 


260  INDEX   TO   PATENT   LAWS. 

BEFKRENCE8  THUS  (*)  ARE  TO  SSCTI0X8 ;   OTHEBWISK,   TO  NOTES. 

Oath  in  Patent  PROCEEniNr.s — continued.                       •"*"«  >«'■ 

extends  to  vrliolo  of  specification 119  m'2 

"  declaration  "  cannot  be  substituted  for 119  m  .1 

afiinnation  may  bo  substituted  for 108  *1IJ 

before  whom  may  be  taken 115  *G 

before  whom  taken,  out  of  United  States 183  ♦i 

renewal  oath,  enactment  as  to 121  *1 

renewal  oath,  no  longer  required 208  *1 

Commissioner,  and  other  ofQcora  to  take 110  *3 


P. 

Patext  Okfice — 

establishment  of IOC  *1 

atlaohcd  to  Dejiartment  of  State 106  *l 

attached  to  Department  of  Interior 188  *'2 

officers  In,  to  have  no  interest  in  patents 109  *2 

oflicers  in,  to  take  oatli 110  *3 

seal  of.  to  bo  provided 1 10  *-4 

Patents  kor  Invextion.s,  requisites  op,  4c. — 
applivations  for,  see  Appi.ic.vtions. 

to  be  issued  in  the  name  of  United  States 112  *5 

no  warrantee  in  respect  to 113  7 

does  not  bind  (lovernment  more  than  others 1  l.'J  7 

validity  of,  may  be  contested  by  Govornmeut 11-'!  7 

issue  subjects  to  all  legal  objections    113  8 

what  to  contain   112  *5 

embraces  specifi&ilion,  model,  and  drawings 113  D 

when  new  one^  may  issue 1  •"'G  *3 

to  bo  signed  by  Secretary  of  State 112  *5 

now  signed  by  Secretary  of  Interior 183  *2 

countersigned  by  (.'onunissionor  of  Patents 112  *!> 

recorded  in  Patent  onicc 112  *5 

when  may  be  recorded  anew 1  Ti  t  *1 

issue  to  the  aj)plicant  or  applicants 112  ♦S 

may  issue  to  assignees  of  inventor 159  *6 

cannot  issue  to  assignee  and  ioventor  together IGO  2 


INDEX  TO  LAWS  PIUOR  TO  ACT  OF  183G. 

Machines,  Patents  for — 

princi|>les  of  to  bo  set  forth  in  specification 87            *3 

Bi'veral  mndcH  of  application  of  stated 87            *3 

Models  ok  I.wkntidn.s — 

required  on  ai)ii!ii;;ition8 80            *2 

required  on  applications 88            *3 


INDEX  TO  PATENT  LAWS.  261 


RBFERENCES  THUS  (*)  AUG  TO   SECTIONS  ;   OTIIERWISK,  TO   NOTES. 

PaTEN'TS  FOR  ISVENTIOXS,  RKQLISITES  OF,  ctC. — Continued.  PAOZ  R"''- 

must  issue  to  assignees  of  whole  interest 100    .  2 

cannot  issue  to  assignee  of  part  interest ICO  3 

assignee  becomes,  in  low,  party  applicant 100  4 

may  issue  to  legal  representatives  of  inventor 129  *10 

need  not  issue  to  them  "  in  trust " 129  2 

what  granted  by 112  *5 

grant  of,  protects  thing  patented 113  1 

does  not  cover  products  of  patented  machine 113  2 

no  right  to  at  common  law 113  3 

right  to,  is  the  creature  of  the  statute 113  3 

use  of,  regulated  by  laws  of  different  States 113  4-6 

u§e  of,  regulated  by  laws  of  different  States 10  5-11 

is  prima  flick  evidence  of  factB  stated  in  it 113  10 

term  of  originally  fourteen  years 112  *5 

extended  to  seventeen  years 206  *16 

may  be  issued  for  a  less  term 112  2,  3 

patents  of  addition,  provided  for 134  *13 

patents  of  addition,  no  longer  granted 201  *9 

when  invalid,  and  for  what  reasons 139  *I5 

when  courts  may  declare  void,  in  whole  or  in  part. .  145  *I6 

when  valid,  though  claiming  too  much 164  *9 

assignable,  in  whole  or  in  part 129  *11 

for  designs,  when  i.ssued,  and  term  of 182  *3 

for  designs,  term  of  varied 203  *1 1 

Commissioner  may  cause  to  be  printed 206  *14 

prin  ing  of,  no  longer  allowed 207 

reissue  of,  see  Reissue. 
extension  of  see  Extension. 

classified  list  of,  to  be  published 171  *3 

annual  list  of^ 169  *14 

fee  on  obtaining,  see  Fees. 

Patented  Articles — 

to  be  marked  with  date  of  patent 134  *5 

to  be  marked  "  patented,"  and  with  date  of  patent. .  205  *13 

when  such  mark  may  be  on  package 205  *13 

penalty  for  neglecting  so  to  do 205  *13 

INDEX  TO  LAWS  PRIOR  TO  ACT  OF  1S36. 

Oatii  OF  Invention — 

required  on  application  for  patent 87  *3 

Patents  for  Invention.s — 

to  be  tested  by  President  United  States 79.  84      *1 

to  be  certified  by  Attorney-General 80.  85      *1 

to  be  recorded  in  ofiBce  of  Secretary  of  State 80,  b5      *1 


262  INDEX  TO  PATENT  LAWS. 

REFERENCES   TUCS  (*)  ARE   TO   SECTIONS ;    OTHERWISE,    TO   K0TE8. 

rSNALTIES    RESPECTING   PATENTS —                                                    PAOK  Mr. 

for  marking  articles  patented  when  not  so 1 83  'j 

incurred,  as  to  all  articles  marked  with  guilt)-  intent.    184  a 

penalty  is  just  one  hundred  dollars *. 184  6  1 

may  be  recovered  in  action  of  debt 184  6  2 

to  bo  sued  for  within  live  years 184  c 

for  neglecting  to  stamp  date  of  patent  on  articles  sold  184  *G 

Printing  Specifications,  Drawings,  ic. — 

Commissioner  may  direct  to  be  printed 20G  *14 

cost  of,  limited 206  *I4 

expense  of,  paid  out  of  patent  fund 2015  ♦  1 4 

printed  copies  to  be  evidence 20t')  *  *15 

autiiority  to  print  revoked 207 

papers  illegibly  written  may  be  printed 201  *3 

cost  of,  to  be  paid  by  parties  tiling 201  ♦S 

Process — 

not  eo  nomine  subject  of  patent 1 1 G  3 

included  under  term  "  useful  art" 116  3 

is  the  result  of  discovery 116  6  3 

there  may  be  iuvontioa  in,  irrespective  of  machinery  116  64 

R. 

Reissue  op  Patent — 

when  may  be  had,  and  for  what  errorfl 1^3  ♦IS 

who  may  apply  for ]34  *i;{ 

who  maj'  apply  for 136  1,  2 

reissued  jiatent  must  be  for  same  invention  ........    134  *13 

eeveral  reissues  may  be  had  on  same  patent 158  *5 

original  claim  subject  to  revision  and  restriction.  .  .  .   163  *d 
reissued  patent  to  have  same  effect  as  if  originally 

filed 134  *13 

reissued  patent  relates  back  to  original 136  c  1 

is  a  continuation  of  the  original 136  c  2 

cannot  allect  previous  grantees 136  c-i 

there  may  be  more  than  one  reissue 13.')  3 

Only  rimedy  to  correct  mistakes  in  patent 13r>  4 

comlition  on  which  allowed 135  6 

INDEX  TO  LAWS  PRIOR  TO  ACT  OF  1836. 

Patents  rou  Inventions — 

term  of  fourteen  years 7f,  85  *1 

in.kv  iH.Muo  to  rejtreseiitatives  of  inventor OU  *2 

surreptitiously  obtained,  how  repealed 82  *5 

Biineptiliously  obtained,  how  repealed 93  *I0 

object  of  ^ucb  proceeding 93  2 


INDEX  TO  PATENT  LAWS.  263 


REFERENCES  TUUS  (*)  ARE   TO   SECTIONS  ;    OTHERWISE,   TO   NOTES. 


*5 
*10 


*14 


Reissue  of  Patent — conlimied.                                         ^^^^  "''•'' 

duty  uf  Commissioner  to  grant 135  6,  7 

may  be  hail  on  patent  extended  by  Congress 135  8 

cannot  embrace  a  diffurent  subject-matter 135  9 

when  assignee  and  patentee  should  join  as  to 136  6  3 

licensee  cannot  have 136  6  4 

as  to  wliat  conclusive 137  5 

fees  on  applications  for 134  *13 

fees  on  applications  for,  increased 153 

fees  on  applications  for,  confirmed 202 

Report  op  Patent  Officf — 

annual  report  to  be  made 169 

mechanical  report,  drawings  of,  to  be  in  one  volume  194  *4 

may  be  sent  by  Commissioner  free  of  postage 187  *4 

Seal  of  Patent  Office — 

Commissioner  to  provide 110  *4 

all  patents  to  be  issued  under 112  *5 

copies  of  records,  &c.,  verified  by,  to  be  evidence. . .   110  *4 

printed  patents  made  evidence  by 206  *1 5 

Specifications  of  Patents — 

what  to  set  forth H-t  *6 

to  bo  accompanied  by  drawings  and  specimens 114  *G 

description  in  such  that  ordinary  mechanics  can  im- 

derstand  it 117  h],2 

no  description  except  of  record 117  h  3 

need  not  describe  operation  of  known  naachinery. . .   118  5 

objects  of  description 117  ^4 

illegible,  may  bo  printed  at  applicant's  expense 201  *8 

Specimens  of  Ingredients — 

when  required,  on  application 115  *6 

States,  powers  of  as  to  Patents — 

may  grant  privileges  to  introducer  of  invention  ....       9  2 

may  extend  terra  of  patent  in  their  jurisdiction 10  3 

may  grant  patent  in  their  jurisdiction 10  4 

may  regulate  the  use  of  patents 10  5-10 

INDEX  TO  LAWS  PRIOR  TO  ACT  OF  1836. 

Reissue  of  Patent — 

when  allowed,  and  who  may  apply  for 103  *3 

Seal  of  United  States — 

to  bo  affixed  to  letters  patent 80  *1 

to  bo  affixed  to  letters  patent 85  *1 


264  INDEX   TO    PATENT    LAWS. 

BEfERENCES  THUS  (*)  ARE   TO   SECTIONS  ;    OTHEBWISB,    TO   N0TE8. 

States,  powers  of  as  to  Patents— continued.               r*^o*  »«'• 

wlion  m.iy  restrain  n.se  of  patents 10  7 

may  tax  patent  property 10  8 

action  of,  must  be  iu  harmony  with  power  of  Congress     10  3 
action  of,  inoperative,  if  conflicts  with  power  of  Con- 
gress      10  6 


WirnDRAWAi.  OF  Patevt  Fee — 

when  aUowed.  and  in  what  proportion 120  '7 

riglit  of  extended  to  foreij^ners 163  *12 

right  of  prohibited  as  to  applications  subsequent  to 

March2.  1«01 201  *9 

Witnesses  in  Mapters  before  Patent  Office — 

may  bo  compelled  to  testify 107  *1 

penalty  for  refusing 107  *1 

not  required  to  attend  more  than  forty  miles  from 

where  served 1 97  *l 

not  com{>olled  to  disclose  any  invention  made  or 

owned  by  him    197  •! 

entitled  to  foos  for  attendance 197  *1 

Writ  of  Kiiror  in  Patent  .\ctions — 

lies  as  from  judgmeuis  in  other  cases 147  *17 

lies  in  all  cusis,  without  regard  to  sum  or  value  in 

controvor.ny 196 

INDEX  TO  LAWS  PRIOR  TO  ACT  OF  1836. 

BPBaricATioN  or  Patent — 

what  is  set  forth PO  *2 

what  ia  set  f.rth 87  *3 

States — 

patents  granted  by,  surrender  of 92  ^7 

Writ  or  KunoR  in  Patent  Casks —  , 

when  will  lie 101 


f  £B  1 1  ^''^ 


LOS  AxNGi!:LES 


UC  SOUTHERN  REGIONAL  LIBRARY  FACILITY 

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AA    000  760  086    9 


